We do know that the best argument states can make to justify restricting mugshot publication is based on the mugshots themselves originating from public records and using that origin to exert jurisdiction over the use of public records.
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We are not going to spend too much time on the unconstitutionality of the state forcing people to engage in speech against their will (ex: updating an arrest record or removing a mugshot for free) or banning them from exercising free speech out of fear of being fined if they refuse to retract the speech later (ex: ). Such laws are new and it appears mugshot sites are complying with them rather than launch constitutional challenges for the most part. This impacted millions of people in the United States alone which led to a slew of unconstitutional legislation aimed at restricting the use of mugshots and the ability to charge removal fees.
As a result, people were willing to pay hundreds of dollars per mugshot to remove them. That content comes from mugshot sites, complaints sites, and the mainstream press.ĭespite a slew of new legislation restricting the use of criminal background checks in the employment screening process, none of those laws restrict the ability of an employer to make decisions based on search engine results from mugshot websites. We are going to focus on three types of content which typically result in websites being wrongfully blamed for bad hiring and firing decisions. New legislation could restrict the use of search engines and the internet as a whole in the hiring process using approaches consistent with existing legislation that has restricted the use of irrelevant information from other sources.
Search engines can be gold mines of information whether it is true, false, relevant, or irrelevant because there are no laws on the books that prevent an employer from discriminating against current or potential employees based on what they find.
Have you ever worried about a current or potential employer using the internet to research you? If you've ever applied for a job in the digital age you probably have, especially if anyone has ever written anything negative about you that can be found using search engines.
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