"Absolutely. They do have a cause of action. So, again, what I was talking about earlier was potential criminal charges against defendants but this is a whole separate legal issue. What happens when an individual's privacy rights are personal rights have been violated? Number one, I would expect many of them to sue the Justice Department, and I would also think they might have something against The New York Times for putting that material out there."
"That's a tougher one to win only on account of the Times is the media organization and its First Amendment right to publish information in its possession. But I absolutely think that there might be an avenue for them to file a private lawsuit there, too. So certainly there is some measure of recourse for survivors. It's just not, I think, the closure that would come from for many for seeing those criminal charges that we were talking about before."
The Department of Justice released a 3.5 million-file dump that included nearly 40 images showing nude bodies and faces. Victims expressed anger about the public release of those images. CNN legal analyst Elliot Williams said victims have a cause of action and he expects many to sue the Justice Department. Williams also said victims might pursue The New York Times, though that claim faces higher hurdles because the Times has First Amendment protections for publishing information in its possession. Legal recourse may provide some relief but may not substitute for criminal accountability or closure for survivors.
Read at www.mediaite.com
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