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1.  

   

   Anonymous Coward, Jun 11th, 2009 @ 4:35am

   
   

   Part of that question is the "forced" perp walk, where police and prosecutors work it out to make sure that when a high profile person is arrested, that the media is on hand to get the shot.
   
   It is creating the appearance of guilt, where none may exist. Intentional use of perp walks is a pretty nasty thing.

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2.  

   

   Anonymous Coward, Jun 11th, 2009 @ 5:15am

   
   

   You say that like the media wouldn't of heard about the arrest warrant and taken the pictures anyways...

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3.  

   Re:

   

   Andrew, Jun 11th, 2009 @ 5:17am

   
   

   The "perp walk" just means you've been arrested.
   
   It's safe to assume that the jury would already know that the person there has been arrested...

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4.  

   

   inc, Jun 11th, 2009 @ 5:23am

   
   

   Well if he's innocent until proven guilty then what's the problem? Isn't this the same logic the politicians use to strip you of your privacy?

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5.  

   Re:

   

   Anonymous Coward, Jun 11th, 2009 @ 5:52am

   
   

   Ya, yer right ... cause you never see pics of perps who aren't "somebody" being led to their cell

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6.  

   Blind Justice ?

   

   Anonymous Coward, Jun 11th, 2009 @ 5:55am

   
   

   Seems that the judge is not too concerned about the perp walk of nobodies.

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7.  

   

   Vasco DaGameboy, Jun 11th, 2009 @ 6:28am

   
   

   This is only tangentially connected to technology. It's more directly related to the favorite topic here - the rights of the individual particularly as they apply to free media downloads. Techdirt has become primarily a sounding board for screeds against those who claim for whatever reason a hearing for their property rights, and it's starting to sound like a bunch of Jr. High Schoolers who don't want to pay for their Korn MP3s. I agree that the RIAA has gone el loco, but please give me a justification for this story on TechDirt, other than that it buttresses the arguments for the poster's favorite cause.

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8.  

   Re:

   

   Anonymous Coward, Jun 11th, 2009 @ 6:57am

   
   

   no u

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9.  

   Re:

   

   Anonymous Coward, Jun 11th, 2009 @ 6:58am

   
   

   It's here because Mike will link to this story a couple of months from now with terms like "judges side with the media" or "courts support free speech", attempting to bootstrap enough one of his platform planks into being.

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10.  

    

    Phoenix, Jun 11th, 2009 @ 7:09am

    
    

    Easy solution - select jurors from the list of people who aren't ready for DTV yet. These people are so clueless that the chance they will be up to speed on current events is close to nil.

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11.  

    Does bring up a larger issue

    

    Bri (profile), Jun 11th, 2009 @ 7:23am

    
    

    Should the media be able to publish photos of alleged criminals? I would say that mugshots should not be released to the media until someone has been proven guilty. This is especially salient in issues of underage pornography busts where the associated stigma could literally ruin someone's life. Don't get me wrong, the guilty ones are the scum of the earth, but in the court of public opinion just having your picture up there is enough to convict you.

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12.  

    Re:

    

    Josh, Jun 11th, 2009 @ 7:55am

    
    

    From the About link at the top of THIS page:
    
    "Started in 1997 by Floor64 founder Mike Masnick and then growing into a group blogging effort, the Techdirt blog uses a proven economic framework to analyze and offer insight into news stories about changes in government policy, technology and legal issues that affect companies ability to innovate and grow."
    
    
    Please read the last sentence of the paragraph.

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13.  

    You know..

    

    Ben, Jun 11th, 2009 @ 8:11am

    
    

    You've just been arrested, you're having a really crappy day, the whole "innocent until proven guilty" thing doesn't seem to apply to you, and you have mobs of assholes with cameras getting in your face and screaming dumbass questions at you.
    
    You know, it kinda makes wonder if after you've been found innocent you could sue both the media outlets and the reporters (make sure they're homeless, destitute and blackballed from ever working in the media again) so that nobody else will ever have to walk the gauntlet.

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14.  

    Re:

    

    Jason, Jun 11th, 2009 @ 8:54am

    
    

    Yeah, but sometimes, like when someone's getting frog-marched out and then folded up into a squad car. Yeah, then it might make sense to prevent your jury from seeing it.

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15.  

    Re: Blind Justice ?

    

    Jason, Jun 11th, 2009 @ 8:55am

    
    

    The perp walk of nobodies seldom makes the news.

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16.  

    Re: You know..

    

    Jason, Jun 11th, 2009 @ 8:57am

    
    

    Nah, it doesn't make me wonder that.

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17.  

    Re: You know..

    

    nasch (profile), Jun 11th, 2009 @ 8:58am

    
    

    So "presumed innocent until proven guilty" should mean "stifle 1st amendment rights until proven guilty"? I mean I know it would suck, but isn't there such a thing as a false arrest lawsuit?

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18.  

    Re:

    

    Mike Masnick (profile), Jun 11th, 2009 @ 9:17am

    
    

    This is only tangentially connected to technology.
    
    It's about first amendment rights -- which we talk about on quite a regular basis.
    
    Techdirt has become primarily a sounding board for screeds against those who claim for whatever reason a hearing for their property rights,
    
    Huh? We're 100% in favor of property rights. I'm not sure why you're suggesting otherwise. What we disagree with are those who try to extend property rights beyond the purpose of property.
    
    but please give me a justification for this story on TechDirt, other than that it buttresses the arguments for the poster's favorite cause.
    
    Again it is a 1st amendment issue -- which is a topic we have written about extensively since the beginning of the site.
    
    We write about what we find interesting. Many of our readers find these posts interesting as well.

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19.  

    Re: Re: You know..

    

    Anonymous Coward, Jun 11th, 2009 @ 12:30pm

    
    

    I know it would suck, but isn't there such a thing as a false arrest lawsuit?
    
    You think so? Well, you opened your mouth with it, so go ahead now and explain how that works.
    
    Waiting...

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20.  

    Re: Does bring up a larger issue

    

    Anonymous Coward, Jun 11th, 2009 @ 12:33pm

    
    

    "Should the media be able to publish photos of alleged criminals?"
    
    In the case of hot chicks, I think they should publish photos of body cavity searches too.

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21.  

    Re:

    

    Idaho Potato Commisioner, Jun 11th, 2009 @ 12:52pm

    
    

    and the whole "being arrested" thing would not have the same impact? Remember jurors are the people that were to dumb to get out of jury duty.

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22.  

    Re: Re: You know..

    

    debunker, Jun 11th, 2009 @ 12:54pm

    
    

    "I know it would suck, but isn't there such a thing as a false arrest lawsuit?"
    
    In the United States, police officers and other government officials are shielded from false arrest lawsuits through a process known as "qualified immunity".
    
    Try again.

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23.  

    Re: Re: Blind Justice ?

    

    Anonymous Coward, Jun 11th, 2009 @ 6:00pm

    
    

    really ?
    do you watch the news ?

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24.  

    Rights of the Press

    

    JoeNYC, Jun 12th, 2009 @ 10:56am

    
    

    I'm tired of the same old premise that First Amendment rights are unconditional. They're not (remember the "you can't yell FIRE in a crowded movie theater" example?).
    
    While I agree that the judge ruled appropriately, the author's indignation that the issue was ever entertained is misplaced.

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25.  

    Perp Walks

    

    JoeNYC, Jun 12th, 2009 @ 11:02am

    
    

    Remember that perp walks are "staged", they're timed for the cameras. Would ANY photo be ok? What is a guy is charged with armed robbery and was forced to hold a gun for the cameras??

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26.  

    Re: Rights of the Press

    

    Anonymous Coward, Jun 12th, 2009 @ 4:02pm

    
    

    I'm tired of the same old premise that First Amendment rights are unconditional. They're not (remember the "you can't yell FIRE in a crowded movie theater" example?).
    
    And I'm tired of people falsely claiming that "you can't yell FIRE in a crowded movie theater."
    
    http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater

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