Interesting court decision: wall of shame

Started by BrianB • 3 replies • 1180 views

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BrianB (California)
Posts: 2,820

Posted:

http://www.newsday.com/news/local/nassau/ny-lisham2112086751oct21,0,4751988.story

Several things to note: this case applies specifically to GOVERNMENT agencies, it ruled that posting on the internet was different than posting in a newspaper, and that posting prior to conviction is wrong, but after conviction...???? The judge made some interesting conclusions...

This ruling doesn't prevent HOA's from doing anything around posting delinquent names, but i think it raises some ammunition for boards to think about as they do decide.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

It certainly demonstrates that context is important. I would suspect that if the very same information appeared on a police website, noting the disposition of the case, there would be no issue. But once the information is classified in some sort of moral context ('shame") it takes on a different character.

Thanks!

BrianB (California)
Posts: 2,820

Posted:

i find it fascinating that the judge declared that the internet was a permanent/forever media, and that newspapers were temporary/ephemeral..

Physical paper, printed matter is temporary, electrons residing in 0's and 1's in a server somewhere is permanent...

George Orwell much?

KirkW1 (Texas)
Posts: 1,665

Posted:

Regarding The issue of temporal or permeant, the web is indeed interesting. It has some fleeting items, but long forgotten text seems much more likely to reappear.

As to the site itself, I take issue with the idea as it assumes guilt. And while I detest DWI, I also know that there have been abuses in enforcement. I have no doubt that some innocent people have been accused and suffered because of it.

I don't have an issue with a police blotter on-line. And putting The names of convicted on-line seems like a good idea at first glance.

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