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Reason
Reason
Politics
Eugene Volokh

No Legal Duty to Remove or Update Accurate Report of Arrest, Even After Charges Were Dismissed

From Holt v. Gray Television, Inc., decided Friday by Chief Judge David Proctor (N.D. Ala.):

This action arises from Plaintiff's arrest on January 7, 2021. Plaintiff was charged with three counts of child pornography—that is, sending, receiving, and possessing child sexual abuse material. Plaintiff alleges that, on that same day, Defendants reported this information on WTOK TV and posted it on their website. On September 15, 2022, Plaintiff's charges were dismissed. Plaintiff alleges that he contacted Defendant Harms, provided proof that the charges had been dismissed, and requested that the story on his arrest be removed or updated. Plaintiff further alleges that Defendant Harms refused to update the story or take down the information that had been posted on the website.

At the time of his arrest, Plaintiff alleges that he was a candidate for Ward 2 City Councilman for the City of Meridian, Mississippi. He also alleges that he was a political activist, and had a podcast called "Reaching Out With Eddie," where he exposed the "illegal acts and wrong doing of government officials, city officials, politicians, and the law enforcement community." …

Plaintiff sued for defamation, but the court rejected the claim; here is part of the reasoning:

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