There has been a lot of reporting and legislative work over the past few years concerning justice reform. Mug shots are one of those areas being addressed. No one wants to have their worst moment captured for eternity with a photograph, and District 35 Democrat Senator Jo Anna Dossett aimed to do something about it this legislative session with SB407. Thankfully, it wasn’t even heard by committee.
Project Red Man believes in the 1st Amendment, and that is why I believe it is necessary to discuss a bill that wasn’t even heard. Who knows, we may see this come back around next year? And I’ll be ready for it.
Mug shots are part of public record. Full stop. There really is no other reason to move forward in explaining why journalism would be restrained if SB407 was even entertained for discussion, not even factoring in it actually passing and becoming law.
And no matter what you read about this from their own social media, this is and was a terrible bill.
First, this cute little summary makes you think that an individual could pursue litigation from any publisher who refused to remove the mug shot from publication. This is absolutely false. The bill does not apply to legacy media like newspapers and television. It doesn’t even apply to me, a single person operating as an independent journalist. It only applies to a publication whose business model is mainly printing mug shots, which really comes down to Jailbirds and a few other operations within the state. And this is why no one in legacy media covered this bill. It wouldn’t affect them.
Over a week ago, I emailed Senator Dossett’s office multiple times. At no point did I ever receive a response. I did call once, but no one picked up. I chose not to leave a message since they already had my questions. My questions focused around her bill restraining the 1st Amendment. If I submitted something as egregious as trying to restrain a constitutional right, I’d probably not answer, either.
D. This section shall not apply to a business or individual that publishes or disseminates information relating to arrest booking photographs unless: 1. The business or individual solicits or accepts payment for the removal of photographs; or 2. The business or individual’s primary business model is the publishing and disseminating of arrest booking photographs for a commercial purpose or pecuniary gain.
If Dossett aimed to create a moratorium on publishing mug shots by all media, then I’d at least appreciate her attempt, no matter how much I disagree with it. But that isn’t what she was trying to achieve. She was seeking to destroy businesses who practice journalism. And just because you don’t like a specific brand of journalism, it doesn’t mean it’s not protected.
I also reached out to Jailbirds, speaking to a representative of the business. Talking with him, he told me that this bill would likely devastate and ruin the business (he also laughed, stating the bill likely wouldn’t pass). He went on to state that police departments around the state appreciate the work that Jailbirds does, making communities aware of what is going on. I asked him why the larger metro areas did not have a Jailbirds option, and he said the business doesn’t find much success in those areas. This makes perfect sense. When I lived in Oklahoma City, I couldn’t tell you who my neighbors were, but in a small rural town, you tend to know everyone. Seeing a face doesn’t mean much in the urban areas, but in small towns, it is vital to know who the criminals are, where they are operating, and what they are up to. It helps protect what is yours, especially your family.
Mug shots aren’t the only things Jailbirds does. There are updates on sex offenders in the local areas, along with providing info on people that police are actively searching for or seeking information about. Dossett would like for you to not see these people’s faces.
Again, this bill didn’t even get heard in committee, which says something about how unimportant it is viewed; however, citizens need to be aware of what is even being attempted. Legacy media only covers a handful of bills each session, and we can’t let something slip by, or it will be too late. Reader, if you don’t care about mug shots today, what public records are you willing to sacrifice knowledge of tomorrow?
Semper Fidelis