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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16330
Experience:  Licensed Texas General Practice Attorney
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My son was given a ticket for no insurance and no tag on his

Customer Question

My son was given a ticket for no insurance and no tag on his vehicle one week ago and today it was published in the newspaper that he and his passenger were arrested for those things plus drugs with the intent to distribute and a few other charges....don't you have to be arrested to be charged or at least served court papers before it is published. Our attorney is not available at the moment to ask
Submitted: 9 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. No, there's no law that would require that you be arrested or charged for this to be published. Even if there were such a law, it would almost certainly be unconstitutional (abridgment of freedom of the press), which is why there's probably no such law. Lawmakers are not going to spend time on something that has no chance of being upheld in court.

As far as a case might be concerned against the newspaper, it appears that they're wrong, but to have a case against them you'd have to show that they were more than just negligent in the reporting. Rather, there's a heightened standard against newspapers in defamation cases, which requires proof of "actual malice" to establish defamation (see New York Times v. Sullivan). So aside from contacting the newspaper and demanding (without any way to actually require it) a retraction / correction, I'm afraid that there's nothing that you could do in this situation.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?