Can a federal judge ban this photo?,0,6991548.story#

A federal judge said Wednesday he will hold a hearing to determine whether to bar Newsday from continuing to publish, and News12 from broadcasting pictures of Nassau Legis. Roger Corbin in handcuffs because the actions would prejudice his chance for a fair trial.

U.S. District Judge Arthur Spatt acted on a motion by Corbin’s attorney, Thomas Liotti, who said Newsday had printed about eight similar pictures of Corbin with his hands behind his back, apparently handcuffed.

The photos began to be published earlier this month alongside stories about Corbin’s case when he was arrested on federal charges of evading income tax on $226,000 and lying to an agent about the situation.

Spatt called it “especially troubling to me” that the pictures of Corbin handcuffed were used in the days following his arrest when Newsday and News12 could have used other pictures taken during Corbin’s long legislative career. Newsday’s coverage included both the handcuff photos and pictures from throughout his life.

In arguing that Spatt should throw out Liotti’s request for a hearing, David Schulz, attorney for Newsday and News12, said that never in U.S. history has the U.S. Supreme Court or the 2nd U.S. Circuit Court of Appeals allowed a judge to restrain news organizations before publication.

06-02-09 update:

A federal judge Friday threw out a lawsuit by Nassau County Legis. Roger Corbin seeking to bar Newsday and News12 from disseminating photos of him in handcuffs taken after his arrest earlier this month.


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