The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business

Authors

Allen K. Rostron, University of Missouri - Kansas City, School of LawFollow

Publication Date

2013

Document Type

Article

Abstract

Many companies profit from the dissemination of mugshot photos, whether online or in print. This new type of business arouses strong feelings , with critics charging that it amounts to a form of blackmail, while the mugshot companies contend that they provide a beneficial public service protected by freedom of speech. In this article, I begin the process of exploring the difficult legal questions surrounding mugshot businesses. In my view, people targeted by businesses like BlabberMouth have a viable theory under which to seek legal relief, but a line must be carefully drawn between businesses that merely profit by reproducing mugshot photos and those that take the further step of agreeing not to publicize a mugshot or other arrest information in exchange for payment of a fee.

Publication Title

Washington University Law Review

Volume

90

Issue

4

Recommended Citation

Allen K. Rostron, The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business, 90 Washington University Law Review 1321 (2013).
Available at: https://irlaw.umkc.edu/faculty_works/675