TVNewser FishbowlDC AgencySpy TVSpy LostRemote PRNewser SocialTimes AllFacebook 10,000 Words GalleyCat UnBeige MediaJobsDaily

Court Rules In Favor Of Harper’s In Dead Soldier Photo Case

harpers_0804.jpgWhen it comes to the First Amendment, don’t f*ck with Lewis Lapham.

An appellate court in Denver has ruled in favor of Harper’s magazine and photojournalist Peter Turnley in the magazine’s publication of a photo of an open casket of deceased U.S. soldier that appeared in the August 2004 issue.

The family of the soldier, Kyle Brinlee, filed suit in April 2005 and lost. A federal judge in Muskogee, Oklahoma ruled in favor of Harper’s citing First Amendment protections. That ruling was appealed. Last week, the Denver court affirmed the judgment of the district court, finding that the funeral was newsworthy and a matter of public interest, and that the photograph published accurately reflected the image of Sgt. Brinlee’s funeral and open casket.

Mediabistro Course

Get a Literary Agent

Get a Literary AgentStarting August 6, learn how to find the right agent for your book and write a query that will get the deal done! Taught by Barbara Clark, a book agent and publishing consultant, you will learn the best methods for finding a literary agent, the proper protocol and etiquette for seeking literary representation, how to send queries and more. Register now!