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Submitted via IRC for SoyCow5743
Websites that publish mug shots and charge for their removal have defeated one lawsuit after the other, claiming First Amendment protection. But that defense to this shady industry may be about to burst. That's because a federal judge, ruling on a lawsuit by several arrestees suing Mughshots.com, just approved a novel class-action. It's one that takes legal advantage of the site's practice of displaying advertising links to paid removal services that the lawsuit claims are owned by Mugshots.com.
US District Judge Sharon Johnson Coleman of Chicago didn't go so far as to say this vile practice amounted to extortion, as alleged. Instead, she ruled (PDF) that this likely amounted to a violation of the arrestees' right of publicity because the site was using the mug shots as actual advertisements for the paid removal service.
(Score: 2) by snufu on Saturday September 30 2017, @09:48PM (2 children)
I have no sympathy for the sleaze defendants in this case, but this is another bald faced example of how vigilante judges and prosecutors eschew their supposed blind impartiality and manipulate loopholes in the law when it facilitates their personal desired outcome.
(Score: 3, Interesting) by frojack on Saturday September 30 2017, @09:59PM
Wit you're blaming the judge here?
No, you are mistaken. I've always had this sig.
(Score: 2) by urza9814 on Monday October 02 2017, @12:17PM
The mugshot sites are the ones exploiting loopholes in order to commit extortion.
The judge is merely trying to plug the hole.