The Media Shouldn’t Publish Trump’s Mug Shot


What might develop into probably the most well-known mug shot in historical past is slated to be taken tonight. You would be forgiven for forgetting why such pictures are taken within the first place.

That amnesia could be notably pronounced after the final 24 hours, as a slew of defendants within the Georgia indictment associated to allegations that former President Donald Trump and firm conspired to overturn the outcomes of the 2020 election have surrendered in Fulton County, Georgia.

Their mug photographs have been the middle of intense media consideration, information articles, commentary, and on-line mockery, which is odd when contemplating what a mug shot is, or, fairly, what it is supposed to be: a banal step executed by regulation enforcement as a record-keeping measure post-arrest.

The fascination with these defendants’ mug photographs is a (maybe counterintuitive) reminder of why the media ought to decline to publish such images and why governments ought to restrict their launch. That these defendants are in some ways unsympathetic doesn’t change the precept of the matter: that mug photographs are usually not taken to humiliate a defendant earlier than they have been convicted of against the law. The occasions of this week function a reminder, nonetheless, that that is the perform they serve in wider society.

That is to not say that the defendants within the Georgia indictment needs to be held to a distinct customary than different prison defendants. It is the usual itself that should change, which is able to profit the people who find themselves a lot much less highly effective and who stand to lose far more by having their faces splashed throughout the press earlier than they’ve had an opportunity to state their case.

It is an effort that a number of states throughout the nation have undertaken in varied methods. Final yr, Louisiana handed a regulation hamstringing regulation enforcement’s skill to launch sure mug photographs pre-conviction for nonviolent crimes, with a number of exceptions in place for extra critical crimes and if the individual in query is deemed a fugitive. “Although society could also be accustomed to mugshots, the time has come for us to query their social worth,” wrote state Rep. Royce Duplessis (D–New Orleans), who filed the laws, in an op-ed for The Advocate. A number of states—together with Arkansas, Florida, Montana, New York, and California—have carried out varied guardrails in opposition to the unfettered entry to and publication of mug photographs, and the sky is but to fall.

The circulation of the Georgia defendants’ mug photographs might appear to be a peculiar hill to die on. They’re, in spite of everything, among the most related individuals within the nation, with assist from many Republican partisans nationwide. However it’s that fame that highlights how far the mug shot as an idea has been perverted. I am prepared to enterprise that the shops gleefully publishing Rudy Giuliani’s shot already knew what he seemed like, and knew most of their devoted readers did as nicely. However that wasn’t the purpose.

One of many paramount constitutional guarantees in the USA is the notion that you simply’re harmless till confirmed in any other case. That applies to the poorest defendants, and it additionally applies to Trump. When the latter’s mug shot is launched, it would nearly actually saturate the airwaves and the net. He’ll bounce again.

Others in his state of affairs, whose names you will by no means hear, won’t.