by Mike Masnick
Thu, Jun 11th 2009 3:29am
Last month, we were troubled by the fact that a judge in NY was even considering barring local newspapers from using photos of a politician handcuffed in their news coverage about him. The judge was afraid it could bias a jury, but the newspapers pointed to that whole "freedom of the press" bit. Vince writes in to let us know that the judge has in fact allowed the press to use the photos, correctly noting that the First Amendment issue seems to outweigh the others. Still, it remains troubling that the question even lingered as long as it did, and that the judge needed to justify the decision with such precise details (including the idea that it was okay because NY is a large metro area, and because the time difference between the photos and the trial). It seems like it should be pretty straightforward that a court shouldn't be able to get involved in the editorial decisions of a newspaper, so long as what the newspaper is printing is truthful.
If you liked this post, you may also be interested in...
- Judge Tells Twitter Revealing Classified Stats Isn't Protected By 1st Amendment... But Says Twitter Can Challenge Classification
- Washington Redskins Appeal To SCOTUS On Trademark And Seek To Tie Their Case To That Of The Slants
- Court Says National Security Letters Are Now Constitutional Under USA Freedom Act
- Bernie Sanders' Campaign Joins Too Many Other Presidential Campaigns In Abusing Trademark Law
- Our Comment On DMCA Takedowns: Let's Return To First Principles (And The First Amendment)