Federal judge to weigh prior restraint of 'perp walk' photos

A federal judge in New York has set a hearing next week to consider a defense attorney’s request that Newsday and a local television station be barred from publishing photos taken of his client while he was under arrest, the paper reports.

According to Newsday, Judge Arthur Spatt refused to impose an immediate ban on the press, but said in court Wednesday he did find it "especially troubling" that the paper illustrated its stories on state lawmaker Roger Corbin’s arrest with images of him in handcuffs rather than with file photos. Defense attorney Thomas Liotti claimed the publication of the arrest photos would damage Corbin’s fair trial rights.

Attorney David Schulz, representing Newsday and News12, reportedly told the judge that Liotti’s sought-after prior restraint has never passed muster with the U.S. Supreme Court or the federal appeals court in New York. In response, according to Newsday, the judge said the First Amendment does not afford the press blanket protection.

The hearing is scheduled for May 29.