Websites sued for charging fees to delete mugshots
Legal panel debates the case
- Duration 4:41
- Date Jan 15, 2013
Legal panel debates the case
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Escorted back in session on the docket today concerns that if you get in trouble your mug shot could cost you even -- the charges are dismissed.
834 year old Philip Kaplan.
He was arrested at party and his charges were later dropped.
But he thought they were so absurd he decided to make an absurd based upon getting the mug shot that they allow site that they need to be like -- serious every time I've been arrested.
-- -- In any events now -- And a woman named Debra -- away who you see here she to build -- more seriously but she's just as unhappy.
Are suing several web sites that publish their mug shots and then refused to take them down unless these individuals paid some -- Kaplan claims of photos have cost -- jobs and some serious money and now he wants thousands of dollars from the website published the joining me now to discuss it just build more former prosecutor now defense attorney David Wolf who is also a defense attorney.
They they got around this I understand that the charge earlier dropped but they got arrested and unfortunately with an arrest comes a mug shots.
What obligation -- these web sites have.
-- to take down the mug shots -- -- and David.
Well Megan it's shameless exploitation.
Let me give you an analogous example -- -- the journal news the the newspaper that published all the gun owners addresses said the -- orders will take your address and name off.
If you pay -- a hundred bucks imagine the outrage well this is really no different -- -- I can't tell -- how many clients I have had.
Who have had -- been arrested and then had charges not even files never had a criminal case against them or the charges are dismissed shortly thereafter.
These people of an excellent lawsuit for misappropriation of public image for profit and -- just interference with their ability to get employment.
No question about what he's like gets third though have gone on purpose -- gunners who were outed by the journal news just sat there houses doing nothing wrong.
The people about Iraq -- record and at least there was a probable cause to believe that they committed a crime so that that they're not really in the same category and that's what -- these people.
To get mug shots Johnny is -- reason I've never had a mug shot that's because no never had probable cause to believe I can.
The crime right in this area is where the First Amendment and the public information law and the right to quietly get arrested -- -- cows -- ally.
It's not it's -- very murky area and what I think.
To -- -- even though these mug shot but that harsh as it got your C get and it's every mile and a half.
Yet that that -- but but -- First and tell us the point -- mug shot website.
-- -- have a legal right to be public information portals the problem or private that you said and and David know that I have many kinds of you get arrested in a plastic paper and the loading all of couple months later you're you're cleared of all charges but nobody is backing to the paper on -- web -- did -- anybody that.
Therein lies the rub but -- and while that information is public even -- this is the bottom feeder business model -- legal but.
Is David they they both of these individuals could have had those mug shots removed from all of the web sites in question all of them.
If they had paid -- -- that they are upset that somebody wanted them to pay it in some instances it could have been a few hundred dollars.
Is that you know the price of living in a society in which are resolute and mug shots are public information the public records.
Not dumb idea I worked in the news and I know that law -- releases the website for public information to the media who releases the mug shot I'm start to the media.
Just for public information it's newsworthy.
But what these web sites -- make and I looked at 1 this morning it was busted mug shots dot com they -- the picture and write the core of the picture and big bold orange letters it says busted.
What they're doing is profiteering they're making a profit.
Off your image if you're arrested.
And that's -- the First Amendment argued.
-- -- -- on deaf community.
It is illegal he learned -- hard but is it illegal.
It's no different Megan it's no different than if I took that the image of miss Megan -- you put on the corner of our law firm's website.
As if you endorse us we get a ton of business that I have an action -- OK I.
But yeah apparently -- quickly they're saying it's their right of publicity to their own name and likeness that these people are violating the -- for money if these web site for putting their pictures on T shirts and selling and -- That the people who are subject to the mug -- -- have an issue this is public information.
And what they're doing is buying that the right to not have the web they exercise their right -- -- -- legal pad does not found that it looks good and evidence -- class action we'll see how does panel thank you we'll be right back --