Martin v. Hearst Corporation
United States legal case / From Wikipedia, the free encyclopedia
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Lorraine Martin v. Hearst Corporation (2d Cir. 2015) was a defamation case in the United States Court of Appeals for the Second Circuit protecting online news sources from having to remove or modify a story chronicling a person's arrest if that arrest is later erased from the record by the government using a criminal erasure statute.[1]
Martin v. Hearst Corporation | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Lorraine Martin v. Hearst Corporation, Southern Connecticut Newspapers, Inc., dba Daily Greenwich, News 12 Interactive, Inc. |
Argued | August 18, 2014 |
Decided | January 28, 2015 |
Citation(s) | 777 F.3d 546, Docket No. 13-3315 (2d Cir. 2015) |
Court membership | |
Judge(s) sitting | John M. Walker, Jr., Dennis Jacobs, Richard C. Wesley (2d Cir.) |
Keywords | |
defamation, expungement, right to be forgotten |
The Second Circuit found that when a news source reports on an arrest, and the government subsequently erases the arrest using a criminal erasure statute, the news stories do not become defamatory, because the historical fact of the arrest remains true. The ruling protected Hearst Corporation's news outlets from having to modify or remove their online articles after plaintiff Lorraine Martin's arrest for drug possession was erased for legal purposes using Connecticut's criminal erasure statute (an expungement law). The case is seen by some as evidence that United States law cannot accommodate a right to be forgotten like the one established in the European Union in May 2014.[2]