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Can a minor arrested in Massachusetts for domestic assault have his name and address printed in the paper and internet?
Bellingham, MA
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Posted 3 months ago in Libel / Slander
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A couple of weeks ago my son was arrested for domestic assault. In an argument with his Mom, in a fit of teenage rage, he slapped her. She called the police, not because she was hit, but because she was worried he might her himself. The police said they had no choice but to arrest him even though she did not want that. He is undergoing anger management and the DA is not even going to indict him. However, a couple days later, the local paper printed his name, address and the details in the police blotter and posted it on their internet site.
Is this legal? I thought minors were protected from this invasion of privacy. I am all for the first amendment, but what community interest does this serve? Are there grounds for a suit? Who is culpable? The police? The newspaper? Both? Answers (3)
William T Harrington
This attorney is licensed in Massachusetts.
Posted 3 months ago.
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As a matter of policy at least newspapers do not print the names of juveniles. However, juveniles are age 16 and younger. Hold old is your son? Was he charged in adult court or juvenile court? If in adult court, his name is public record and the newspaper is free to publish his name. If he is a juvenile and charged in juvenile court, the newspaper likely would not know of his name and probably, as a matter of policy, would not publish it. If they did, you may have a claim, but frankly I am not sure. My guess is that he was charged in adult court.
Henry Lebensbaum
This attorney is licensed in Massachusetts.
Posted 3 months ago.
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I agree.
Under certain circumstances, the 1st amendment protects such publication. Personally, I do not see a cause of action. 
Jason Y. Chan
This attorney is licensed in Massachusetts.
Posted 2 months ago.
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The papers are not suppose to publish names of minors. However, it depends on how old your son is. If you son is 17 you might still think that he is a teenager, but the law sees him as an adult.
Attorney Jason Chan www.attorneychan.com |
