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Re:Stupid Legal Threats: You Can't Write About Me Because of... by dredmorbius on Tuesday April 23, 2013 @07:58PM (#5598743)
There are several instances of:

1. People being arrested in error.

2. Mugshots being published.

3. People requesting mugshots be taken down.

4a. Mugshots disappearing from site A but reappearing on site B. Rinse, wash, repeat.

4b. An "administration fee" being charged for the service of taking down mugshot. See 4a.

There are crimes which are considered so heinous that even being publicly accused can carry a very substantial social stigma. Consider the recent exceptionally public allegations against a prominent Silicon Valley insider of rape by another SV insider.

In other cases, the increasing use of background checks, not limited to criminal convictions but including searches of social media, news, and the general Internet, means that such false allegations might appear.

Again: take the case of individuals who were falsely accused of being the Boston Marathon bombers, including a missing college student and a high school student fingered by the New York Post (which "stands by its reporting" for whatever the hell that means). Or today's story that a man arrested in connection with ricin-laced letters being sent to congressmen and the President being released.

If that still doesn't work, picture this: you wake up tomorrow to find the police at your door. Why? An ex-girlfriend, or ex-boyfriend, or co-worker, or child at the charity you volunteer with, or some total stranger, has just made up completely random shit about you. Or your image is similar to that of someone photographed doing something Really Really Bad. Or your Twitter / Facebook / HN account has been hacked and is spewing bile or terrorist threats.

It all sounds very abstract until it isn't.

There's a reason why the authors of the US Constitution insisted on due process.

Re:Stupid Legal Threats: You Can't Write About Me Because of... by Houshalter on Tuesday April 23, 2013 @08:13PM (#5598803)
Well maybe the police shouldn't release mugshots, but that's different from making it illegal for people to have them.

>If that still doesn't work, picture this: you wake up tomorrow to find the police at your door. Why? An ex-girlfriend, or ex-boyfriend, or co-worker, or child at the charity you volunteer with, or some total stranger, has just made up completely random shit about you. Or your image is similar to that of someone photographed doing something Really Really Bad. Or your Twitter / Facebook / HN account has been hacked and is spewing bile or terrorist threats.

How would a defamation law prevent this exactly?

Re:Stupid Legal Threats: You Can't Write About Me Because of... by dredmorbius on Tuesday April 23, 2013 @10:30PM (#5599340)
How would a defamation law prevent this exactly?

I didn't say it would. The original question was "what is wrong with publishing mugshots".