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Wait What?

"photos could take away his right to a fair trial" Exactly how on earth could a photograph of 'a pretrial proceeding' (presumably The LA Times was not planning on doctoring the image) possibly affect...

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Article 32

If it was during a pretrial proceeding, or whatever it was, he could very well have been in handcuffs and prison jumpsuit. Judge shouldn't have allowed photos in the courtroom.

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Re: Wait What?

"Exactly how on earth could a photograph of 'a pretrial proceeding' (presumably The LA Times was not planning on doctoring the image) possibly affect the outcome of his trial? Was he covered in blood?...

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Article 30

If he's in pretrial confinement, then yes, it would be at least prison garb, and maybe handcuffs. It's only human nature to assume guilt when seeing someone so attired, even if it's just a subconcious...

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So they won't show a suspected murder's picture but have no issue with a...

Can anyone explain to me why it is acceptable to post a guy's photo all over the news proclaiming him to be a suspected pedophile but don't publish a suspected murderer's photo? Either way the...

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Re: Re: Wait What?

I'm not sure which L&O you have been watching, but Lenny Brisco was always a straight shooter and several of the detectives have been in hot water for doing things that were questionable - except...

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Re: Re: Re: Wait What?

"I'm not sure which L&O you have been watching, but Lenny Brisco was always a straight shooter and several of the detectives have been in hot water for doing things that were questionable - except...

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Article 26

They should just draw a picture of him.

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Almost certainly an incorrect decision

This type of ban is referred to as a "prior restraint". The short answer is that a prior restraint is almost always unconstitutional. In other words, the government always loses. Moreover, Supreme...

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Re: Re: Re: Wait What?

"I'm not sure which L&O you have been watching, but Lenny Brisco was always a straight shooter and several of the detectives have been in hot water for doing things that were questionable - except...

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YOU MEAN LIKE...

...THIS ONE? http://articles.latimes.com/2010/aug/11/local/la-me-tersargyan-photos-20100811

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Re: Re: Re: Re: Wait What?

Exactly. As much as I love Sam Waterson's character, he would have been disbarred so many times it's laughable. I do miss Fred Thompson's good ole boy charm on the show, however. His character was...

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Re: So they won't show a suspected murder's picture but have no issue with a...

Can anyone explain to me why it is acceptable to post a guy's photo all over the news proclaiming him to be a suspected pedophile but don't publish a suspected murderer's photo? suspected murderers are...

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Article 20

Has anyone noticed how the media convict suspects before they are even tried by portraying them in the most negative light possible? Has anyone failed to notice that the media do this purely for...

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Re:

"Has anyone noticed how the media convict suspects before they are even tried by portraying them in the most negative light possible?" Unless that person is a public or former public official, of...

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Total aweful treatment of the issue

WOW!! What a in-depth analysis of two competing constitutional issues! I mean, you really nailed it Masnik. The way you drew out the pragmatic consequences of stifling the First Amendment was top...

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Freedom of the Press doesn't extend to spectacle.

First and foremost, The Press doesn't *need* a photograph in order to publish facts. I'm sure the principle would be clear if you were the one so charged: that's actually a sound indicator of common...

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Re:

God your hate is awesome....

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Re:

While it sucks that people are tried in the court of public opinion it is one of the hazards of living in a free society. We deal with these hazards so that we have our freedoms. All of the things you...

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Article 14

I wish the LA Times had the balls to stand up for the First Amendment and publish the picture anyway, completely ignoring the judges clearly unlawful order, so that this case would be forced to come to...

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There is no potential bias, LA Times should just publish.

The defense is complaining because the "alleged murder" is shown in that lovely orange jumpsuit, and that may bias some. Firstly, I agree wholeheartedly, the First Amendment trumps the appearance of a...

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Re: Re: Re: Re: Wait What?

"surveyed 103 adults in Tippecanoe County" Hardly a good cross-section of the US population. Their study is a bit questionable. I looked a bit for any studies that examined both sides and did not see...

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Re: Re: Re: Re: Re: Wait What?

"I'm a bit more of a fan of the old L&O." Finally, a L&O fan with some sense. There isn't enough court time in the other ones....

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Re: Re: Re: Re: Re: Wait What?

Yes. I liked that Diane Neal's character went outside the box but frankly I think the only reason she finally got disbarred when she did was because in particular episode the presiding judge herself...

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Re: Total aweful treatment of the issue

OW!! What a in-depth analysis of two competing constitutional issues! I mean, you really nailed it Masnik. The way you drew out the pragmatic consequences of stifling the First Amendment was top notch,...

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Who's right is more important

The news media ALWAYS(or damn near) puts a negative spin on everything, because bad stuff sells. This person could be innocent and their life could be ruined very easily from this kind of stuff....

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A couple more points.

3) The LA Times is a corporation wishing to run the photograph to improve their profits. At some point, corporate privileges to make a buck end; I say this is that point because a photograph is...

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Re: A couple more points.

The photograph is not "solely prejudicial" it is a fact as well. The accused was there, in an orange jumpsuit, when the picture was taken. It is as much of a fact as the name of the accused. It may be...

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Re: Who's right is more important

If the press lied about the charges against your brother then a libel suit would be in order. That's where the checks and balances lie in these situations. A libel suit can force a retraction as well...

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Re:

Yeah, a really accurate one!

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Re: Wait What?

Here in Canada, just reading about someone being charged is usually enough for the general public to label them guilty and prosecute them.

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Article 2

makes sense, with todays instant story blogger world, everyone is guilty, 1 million percent, then at court when they are found not guilty, no one knows, no one cares, no one really gets a fair trial...

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Did anyone notice

That the real thing that happened was that the current judge in the proceedings erroneously allowed the photographer to begin taking the photos in dispute? A previous judge had granted an order baring...

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Article 0

This is nonsense. What does the photo reveal to a potential juror? That this guy is a defendant in a murder trial. What is every juror going to learn right at the outset of their jury duty on this...

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