Published on May 20, 2009 | by LawNews
Prof. Leon Friedman in Newsday
Leon Friedman, Joseph Kushner Distinguished Professor of Civil Liberties Law, was quoted in the following Newsday article.
Corbin’s lawyer calls for order to bar perp walk images
By Celeste Hadrick
May 19, 2009
Garden City lawyer Thomas Liotti on Tuesday asked for an order to permanently “enjoin, restrain and stop” Newsday, News 12, and the U.S. government from publishing or broadcasting images of Corbin during his “perp walk,” when prosecutors allow the media to photograph and film a criminal defendant after arrest.
Liotti wrote in his motion to the court that his request could be considered “a prior restraint of speech.” But, he continued, “it is clearly warranted in this case as Mr. Corbin’s opportunity for a fair trial has not only been jeopardized by the actions of the government and the media, it has been totally negated.”
A hearing is scheduled today at the federal courthouse in Central Islip.
Local experts say it is unlikely that Liotti will be successful in his attempt to stop the images.
Leon Friedman, professor of constitutional law at Hofstra Law School, said the United States Supreme Court decided many years ago “at the very extreme there are some circumstances where you might gag the press, but you have to try everything else first.”
He said the judge will ask jurors before trial if they have seen anything about the case and will instruct them to ignore any prior impressions.