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  1. #1
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    Nov 2015
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    Default Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismissed

    My question involves criminal records for the state of: ID

    The charges against my friend were recently dismissed. If we send the dismissal along with a request to local media stations asking them to remove the arrest article are they obligated to do so? Or does the First Amendment protect them? Is it possible to get a judge order or something similar requesting them to remove all pictures and articles relating to the arrest be removed since the charges were dismissed and they were based on false information.

  2. #2
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    Jul 2010
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    Default Re: Removing Arrest Article

    No, they are not obligated to. They may do so as a courtesy or update it to reflect the dismissal but the articles are a factual report of the events at the time. They are neither false nor defamatory, they are just a report on the facts provided to the paper.

    I don't think you will find a judge willing to make such an order and it's unlikely it would stand up on appeal but someone else may have information regarding that. To even get an order would require suing the newspaper and they often fight these kind of things hard.

  3. #3
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    Oct 2014
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    Default Re: Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismi

    Quote Quoting toofast3
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    My question involves criminal records for the state of: ID

    The charges against my friend were recently dismissed. If we send the dismissal along with a request to local media stations asking them to remove the arrest article are they obligated to do so? Or does the First Amendment protect them? Is it possible to get a judge order or something similar requesting them to remove all pictures and articles relating to the arrest be removed since the charges were dismissed and they were based on false information.
    Freedom of speech and press protects the media here. If the story was accurate there is nothing you can do in court to force the media firms to remove the articles. You might ask the firms to run an article updating the previous one indicating the charges were dismissed if you want. The firms have no obligation to do that, either, but they might be willing to do it if you make a polite request for it.

  4. #4
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    Nov 2015
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    Default Re: Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismi

    That's my point the story was not accurate. Key details were left out which would have made this a civil case instead of criminal. Also the person who filed the police report lied about other details which was reported by the media outlets. The charges and what was reported by the media were based on false information that we can prove.

  5. #5
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    Default Re: Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismi

    If you were arrested, then it was a criminal case. It's not the fault of the newspaper that somebody lied to the police.

  6. #6
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    Oct 2014
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    Default Re: Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismi

    Quote Quoting toofast3
    View Post
    That's my point the story was not accurate. Key details were left out which would have made this a civil case instead of criminal. Also the person who filed the police report lied about other details which was reported by the media outlets. The charges and what was reported by the media were based on false information that we can prove.
    The media reported that you were charged with a crime and what the allegations were, right? If so, then the story was accurate — you were charged with a crime that made certain allegations against you. Every adult knows (or at least should know if they had any decent high school civics class) that allegations in a criminal complaint are just that, allegations. It does not mean those allegations are true. So if what the media reported about the arrest and the charges are accurate the media outlet has done nothing wrong and there is no basis on which to force retraction or alteration of the story.

    Your real problem is that you believe the person who made the police complaint lied. If you can prove that person lied (rather than merely being mistaken) then you may have recourse against him/her on a defamation claim.

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Can You Get the Media to Remove an Article About Your Arrest if a Charge is Dismi

    How do you suggest they "remove an article"?

    it is physically printed in every paper they produced. It was likely to be on their website and as we all know once on the internet it lives forever.

    They could not remove the article even if there was reason to.

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