Legal Question in Civil Rights Law in Massachusetts
Is it legal for a newspaper to print the name AND address of a person in the police log file section? Is it possible to force them to retract it?
2 Answers from Attorneys
This is information is based on a public record, and the odds of you being able to retract it is nearly 0. Unless of course there is some other reason which you have not stated.
The fact that someone is arrested is part of the public record and may be reported by the newspapers. For instance, I know that Professor Gates was arrested and the street he lives on. I did notice that the police report published online blocked out the number on his street. I doubt that this was legally required, but perhaps it was. Did the newspaper publish the street number or just the person's street and town? Regardless, I don't think you have much of a chance to legally make a newspaper retract truthful information about someone being arrested. I suggest you calling the paper and asking them to retract it. Sometimes newspapers have internal policies that they follow. There is a statute in Massachusetts that provides a private civil remedy for an invasion of privacy. Without looking into the issue, I don't see having your address published as being regarded as an invasion of privacy. Your name and number is likely published in the phone book and the fact that you (or whoever you are talking about) was arrested is fair game to report on.