Media & Communications Law

Hustler’s Interest in Crime Scene Photos Spurs Bill by Ga. Lawmaker

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Hustler Magazine’s request for crime scene photos of a slain Georgia college student has spurred an Atlanta lawmaker to introduce legislation that exempts such pictures from the state’s open records law.

The Georgia Bureau of Investigation plans to reject a request for photos of the decapitated body of Meredith Emerson, according to the Associated Press and the Atlanta Journal-Constitution. In a statement, Hustler said it was “exploring all legal options” to go forward with its story.

State Rep. Jill Chambers introduced the bill to keep crime scene photos private on Monday, although it would not apply to the Hustler request, the stories say. Georgia already exempts autopsy photos from the open-records act, absent consent of the victim’s family or a court order finding the public benefit outweighs privacy interests.

Last week the U.S. Supreme Court declined to hear an appeal in another case involving photos of a murdered woman published by Hustler. In this case the photos were decades-old nude pictures of Nancy Benoit, who was murdered in 2007 by her husband, professional wrestler Chris Benoit, before he committed suicide.

The Supreme Court’s refusal to hear the case gives a green light to a privacy lawsuit filed by Nancy Benoit’s mother.

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