I know, I know, I know. Questions about Mugshots.com and everyone affiliated get asked every week. Where do we draw the line between the 1st amendment and extortion? They are obtaining money through force! Every victim of extortion has a choice whether to accept or reject the threat so how is this any different?? I am being FORCED to pay money to clear my name with hopes of getting a good job after engineering school. Foreclosures and bankruptcies are public record too right? Maybe I should start a website that advertises for the soul purpose of "Embarrassment by Extortion" (I think that's what I'll call it) and get their faces at the top of all the popular search engines. Maybe I will just continue on with this 1st amendment ABUSE b.s. to prove a point. Sorry for the victims.
You bring up a good example that pretty much answers your own question. Mugshots.com, for example, does not threaten or force anything. It lists the mugshot and information, which is publicaly accessible information. Years ago, many small town newspapers used to put people's bankruptcies in the paper because they felt it was "newsworthy." Doesn't happen MUCH today. You may CHOOSE to pay them to remove the information, but it is still available as a pubic record. There is absolutely nothing illegal about advertising public information, which is what they do.
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