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The Las Vegas Review-Journal was caught up in a lengthy legal battle with the city of Henderson over a video they posted online. According to the lawsuit, the video showed Henderson corrections officers responding to an incident in a jail. It was posted online as a part of a widespread investigation by the Review-Journal into the city jail.
The Nevada Association of Public Safety Officers witnessed the video and filed a lawsuit against the Review-Journal. The lawsuit alleged that the newspaper violated officer’s privacy by posting a video that shows their faces. As the suit progressed, the city of Henderson joined in. The officers alleged that a state law exists that says images of officers are confidential.
Henderson city officials attempted to send the newspaper some redacted video to replace the one they’d already published. The newspaper declined to replace the original footage with the altered one because they felt the original video was important to exposing the truth.
In response to the suit, the Review-Journal said the statute referred to by the officers does not apply to media outlets. Instead, the statute explains that enforcement agencies should not publish photos of officers. The media outlet’s legal team filed an anti-SLAPP motion to dismiss the lawsuit on the basis that the suit was an attempt to subvert the newspaper’s First Amendment Rights.
After the motion was filed, the Nevada Association of Public Safety Officers said that its suit wasn’t interfering with the news agency’s right to free speech. Instead, they argued that they only wanted the publication to blur out the officer’s faces. Despite all their arguments, the NAPSO was not able to produce evidence in court to prove that the officer’s safety was at risk as a result of publishing the video.
After a lengthy battle, it was determined that the newspaper does not have to take down the video. The city of Henderson is expected to pay a $20,000 settlement to the newspaper to cover the legal fees of defending themselves against the lawsuit.
Your Rights and Personal Injury Lawsuits
While the right to free speech is absolutely crucial in upholding a citizen’s rights, there are times when voicing an opinion or publishing something can become an issue of legal liability. The right to speak freely does not protect anyone from the consequences of saying those words.
If the newspaper’s publication of the video did put the officer’s personal safety at risk, then that could be considered the basis for a legitimate and successful lawsuit. The officers would need to provide proof of this safety issue, though. For instance, if one of the officers was being harassed or got injured in an altercation as a result of being identified in the video, then that could potentially be used as evidence in court that could sway the case above.
Do you believe that you might have a personal injury lawsuit on your hands? If so, then our team of qualified legal experts are ready to help. Schedule a call with our team to learn more about your options.
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