Neither due process nor the presumption of innocence apply to photographs published in the media

In an earlier post I provided a link to a WSJ Law Blog post about the criminal trial of the three Fen-Phen lawyers, a post that included unflattering pictures of the three lawyers.  I observed that while a picture may be worth a thousand words, the word “innocent” was not always one of them; therefore  that it was important for readers to remember the presumption of innocence when looking at what looked like mug shots of people charged but not yet tried. The recent acquittal of one of the Fen-Phen defendants and the hung jury with regard to the other two (see WSJ Law Blog post here) is a reminder that neither newspapers nor photographers are bound by due process or by the presumption of innocence, and that pre-trial publicity can lead to trial and conviction in the court of public opinion.