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Old 22 August 2014, 09:39 PM
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erwins erwins is offline
 
Join Date: 04 April 2006
Location: Portland, OR
Posts: 12,366
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It's not something that can actually happen. It doesn't make for a very good bargaining chip, but it does highlight the fact that now that the images are out there, there's no undoing it.

I know of a state case where a person's name was used in the case caption, and the appellate court opinion went into the details of the case. It was an involuntary commitment case, where there are statutes meant to protect the mentally ill person's privacy. Those laws didn't really work for cases on appeal. The mentally ill person filed a motion after the opinion came out asking the court to redact her name and to remove the name of the case from all searchable databases, etc. so that it would not show up on the internet.

Of course, the court had no way of doing the latter. It changed the case caption to her initials, and required the correction in the official reporter (case book), and requested that Lexis and Westlaw make the same change, but that was all the court could do. The court also revamped its practices to better protect identities in such cases in the future.
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