A three-member panel of the U.S. 6th Circuit of Appeals ruled that the Detroit Free Press could publish mug shots of criminal defendants charged in federal court. But the panel called for an en banc hearing on the matter, citing the need to examine the rights of defendants to prevent release of their mug shots during criminal trails. (Detroit Free Press, August 13, 2015, by Katrease Stafford)
The Free Press had filed a Freedom of Information Act Request for mug shots of police offers charged with corruption, but under the federal FOIA the government could withhold mug shots in cases of “an unwarranted invasion of privacy.” (The Boston Globe, August 13, 2015, by Ed White of the Associated Press)
In calling for a hearing by the full appellate court, the judges said mug shots create a persistent image of criminality in the public mind. (The Volokh Conspiracy in The Washington Post, August 12, 2015, by Jonathan H. Adler)