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Minors' Privacy Rights

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lcurry07

Junior Member
What is the name of your state? Arkansas

I'm not good with legalese, but I know something about my friends situation seems to violate some civil of his civil rights. He was arrested at school and charged with delivery of a controlled substance(codeine syrup and Adderall). He's being charged as an adult, but the alleged crime occurred when he was a minor and he was still a minor at the time of arrest and is still a minor to this day. Now on the front page of this week's local news paper, his name and (I hear, but unconfirmed) photograph are on the front page. Don't minors have these kinds of records sealed and witheld from the public? I always thought that minors had this kind of information protected. I'm not sure if this information was released by the police or gathered by the media, but I always thought that minors were free from the public eye. Does anyone have any legal advice for my friend?
 


The Occultist

Senior Member
The only time a minor's identity is withheld is when the minor was a victim to a crime of a sexual nature. I could be mistaken, but I'm definitely on the right track here.
 

racer72

Senior Member
No one arrested for a crime has any right to privacy, minor or adult. Some news organizations will not disclose the names of minor due to policy, not law.
 

mommyof4

Senior Member
Racer is correct.

In Smith vs Daily Mail (1979), the court held (by unanimous decision) that the right of journalists to use the name and information of a minor, as long as that infomation is lawfully obtained and truthfully reported, is protected. Furthermore, even when the records have been "sealed", information from those records can be reported when such information has been obtained via other lawful means.

Added to that, even if you still disagree with the legality of publishing the minors name and information, it would be very difficult to make a case when the minor in question has been charged as an adult. Minors do not recieve greater protection solely on the premise of age, or lack thereof. Protection of minors is a courtesy and private decision as opposed to a legal requirement.
 

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