quincy
Senior Member
What is the name of your state (only U.S. law)? Michigan
Released earlier today was a federal appeals court panel decision that balanced the right to public records against the privacy rights in mug shots.
The Detroit Free Press was fighting for the government release of mug shots of federal criminal defendants and, with little surprise, the appeals court panel found in favor of the Free Press. The decision today followed a similar 6th Circuit Court decision in 1996. Here is a link to the 1996 decision: http://www.leagle.com/decision/199616673F3d93_1145.xml/DETROIT FREE PRESS, INC. V. DEPARTMENT OF JUSTICE
If anything about today's decision was surprising it was the Panel's advice to the Department of Justice to continue with their appeal. Other Circuits have ruled that the release and publication of mug shots/booking photos "constitute an unwarranted invasion of privacy." As a result, the US Marshalls Service has been refusing to release these photos to the media.
I am rarely at odds with the news media but it should be no secret to those who know me that I am and have been opposed to the publication of mug shots. These photos are not only not necessary in illustrating a news story, they imply the guilt of the person pictured. They can work and have worked to defame the innocent.
I hope that the Department of Justice appeals the Panel's decision as the DOJ has been encouraged to do and that the 6th Circuit will follow other circuits in finding mug shots a privacy exemption to the FOIA.
I have presented this in the Defamation section of the forum only because of the numerous threads that have been started here on the removal of mug shots, especially on the removal of mug shots from those commercial websites that use them to entertain the public.
Released earlier today was a federal appeals court panel decision that balanced the right to public records against the privacy rights in mug shots.
The Detroit Free Press was fighting for the government release of mug shots of federal criminal defendants and, with little surprise, the appeals court panel found in favor of the Free Press. The decision today followed a similar 6th Circuit Court decision in 1996. Here is a link to the 1996 decision: http://www.leagle.com/decision/199616673F3d93_1145.xml/DETROIT FREE PRESS, INC. V. DEPARTMENT OF JUSTICE
If anything about today's decision was surprising it was the Panel's advice to the Department of Justice to continue with their appeal. Other Circuits have ruled that the release and publication of mug shots/booking photos "constitute an unwarranted invasion of privacy." As a result, the US Marshalls Service has been refusing to release these photos to the media.
I am rarely at odds with the news media but it should be no secret to those who know me that I am and have been opposed to the publication of mug shots. These photos are not only not necessary in illustrating a news story, they imply the guilt of the person pictured. They can work and have worked to defame the innocent.
I hope that the Department of Justice appeals the Panel's decision as the DOJ has been encouraged to do and that the 6th Circuit will follow other circuits in finding mug shots a privacy exemption to the FOIA.
I have presented this in the Defamation section of the forum only because of the numerous threads that have been started here on the removal of mug shots, especially on the removal of mug shots from those commercial websites that use them to entertain the public.
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