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Can parents of girl in Romney photo sue the AP?

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    Legal panel weighs in on the case

  • Duration 5:12
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-- concession on the docket today the picture of a little girl now at the center of a political and scandal while issue at least.

The Associated Press is now apologizing.

For the caption not for the actual photo but for the caption.

I have an embarrassing photo that shows governor Mitt Romney bending over while little girl keeps from behind him -- areas and agree -- skip school children.

He pulled over and try to do -- try to -- nice thing is he's passing by -- school children.

And saying hello and shaking hands and he gets embarrassed because the AP takes a photo -- then uses it -- contacts and circulate -- around for people to.

Mean -- -- -- we don't know.

The point is it shows a very little girl who appears to be looking at Mitt Romney from behind.

And whether the parents of that little girl might have any legal action against the Associated Press for doing that to their daughter.

And now David -- was a defense attorney.

And Joey Jackson who's a former prosecutor and defense attorney as well aren't so.

I think we've had about half of the photos I -- in the near the scene of photo repeated aid through that are out -- spending over and as a little girl expressing surprise behind him.

They originally put it out -- I don't know -- -- put it out but they came out -- -- -- him put that caption on it we should make clear that she was just expressing surprise that he was.

He was gonna -- pose for photos to -- here it David.

Now Megan absolutely not I mean for number one to eight.

And this girl was exploited.

In furtherance of their attempt to insult Mitt Romney now she's the one that actually -- the lawsuit the parents -- servers or guardian -- light him.

But she has got a lawsuit because Megan because of this photo she could endure.

Years of teasing and bullying I mean let's face it let's get real what this photo depicts -- what it looks like in the worst case scenario especially the crop version.

Is that Mitt Romney is moving a class a full of little kids and this -- expressing shock at that.

Now it's disgusting the media is entitled to a tremendous.

First -- -- -- protection because of New York Times vs -- -- Supreme Court case.

But it is not.

Unconditional protection and this goes way overboard into the intentional.

And malicious.

Type of defamation that is definitely.

Actionable by that's.

Now -- it clear that.

No -- threatened a lawsuit but apparently hasn't read a lot so.

Think that president I wish you guys that was my little girl I'd be all well a lot of our viewers that's how we got get is a lot of our viewers sent me remarks on Twitter saying if I were the parents and that Little Rock would soon be -- and the question is -- though.

What could they -- the AP Ford it would -- with the parents have to sign not release for the AP uses photo -- would that release the APV use.

Any photo even a misleading one.

The answer is it was taking an in public and as a result of that it can be used in whatever manner it needs to be as long as that matters not otherwise misleading or defamatory now I know.

-- very important.

Yeah -- and yes indeed.

Now I know what a very litigious society -- -- attorneys we'd like to sue everybody that walks.

But here is the realities with respect that Mitt Romney there is no lawsuit why don't get to the -- momentarily because of the fact that.

He is and could potentially be the next -- You've got behind us and we all agree on that question is that little girl now a little girl or little army to look like she was participating in something that was somehow.

On tours and other humiliating -- mega this little girl could potentially have taken a photograph with that -- It's -- president of the United States in order to establish defamation you have to establish that there was -- a false statement.

Beat that it was defamatory that is it was injurious to a reputation and see that they would damages in terms of a false statement there is -- false statement wasn't -- out of context yes it was how ever they published a correction the very next day.

With regard to injury to her wrecked car safely win over the injury -- -- you take ultimately nonexistent if anything it's it's -- Oh million finally just humiliation that a little girl was -- when he goes back to school -- all of her friends and seen her going pack to it to you hit it on the backside you'll be interested in the world.

May -- absolutely look it -- it the bullying that could take place here because of what she looks like she's doing.

Sort of gaping at Mitt Romney's past -- your posterior is incredible.

I mean there's no question about it they are not entitled absolute immunity from lawsuits based on the First Amendment.

And this went -- -- when they take pictures at these -- up.

Photo ops they take dozens of pictures a second with these fancy cameras and they just so happened to choose one it looked insulting to him and the -- They didn't need any help and it's one thing if they can point Iran they wanna make it look bad a lot can wall like -- but -- -- to another level language you -- -- -- a little girl jelly and hot.

Meg and I didn't say -- is based upon the fine work that you do.

The world is now did not it's not -- -- That this was not a little girl who was otherwise gaping at the posterior all of the potential next my next president of the united they look at -- that that Arizona and the debilitated at the -- That we found out she wasn't doing that he's going to be behind our I got everybody else I don't want our.

And she may be the next president didn't say thank you -- coming up next gen incredible story of care.

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