If you are convicted of a felony, disbarred, and find yourself in the public light, do you have a case against media outlets for using your image when that image becomes public? That’s the question that came to light related to a blog written back in 2015 by the subject of the blog – Jennifer Elizabeth Meehan.
Ms. Meehan requested that I remove the blog as her past misdeeds were in her rearview mirror, and she didn’t like that the content continues to live on the web. She requested that, if I was unwilling to remove the blog, at least – she asked – remove the picture (as she stated that she did not authorize its use).
Here’s a summary of the facts related to Jennifer’s past:
Jennifer Elizabeth Meehan, a licensed attorney formerly practicing in Tennessee, South Carolina, and Texas, was disbarred from practicing law in Tennessee due to her conviction for bank fraud in federal court. Ms. Meehan was sentenced to six months in prison, followed by 18 months in home detention, for a scheme involving submitting false invoices for furnishings and equipment for a University of Alabama sorority house and receiving payment without providing the items. She pleaded guilty to bank fraud and was ordered to pay restitution and perform community service.
Meehan, acting as president of the House Corporation Board of the Epsilon Lambda Chapter of Gamma Phi Beta Sorority, mishandled funds by executing a bank fraud scheme to illegally obtain money from banks and a contract company. She opened fraudulent accounts, submitted false invoices, and moved funds to personal accounts. The Tennessee Supreme Court suspended Ms. Meehan from practicing law. It referred the case to the Board of Professional Responsibility, which ultimately disbarred her based on her bank fraud conviction and a previous disciplinary matter for misrepresenting her credentials.
The Supreme Court affirmed the hearing panel’s decision to disbar Ms. Meehan, concluding that it was supported by substantial and material evidence and was not arbitrary or abused discretion. The court also held that the trial court had no authority to modify the hearing panel’s decision based on a review of sanctions imposed in similar cases.
In addition, Meehan had returned more than $233,000 as part of her plea agreement with the government and paid about $38,000 in restitution to Greek Resource Services. She was also fined $50,000 and ordered eight hours of community service each week during her home confinement and supervised release, totaling 58 months. This comprehensive story highlights the legal and ethical consequences of Jennifer Elizabeth Meehan’s actions, leading to her disbarment and criminal conviction for bank fraud.
The Question of Photos and License Rights
Does a person or the original photographer maintain license rights to photos when that person becomes a public figure because of illegal activity – primarily when that photo is used in media-related coverage?
I asked that question, and here’s the answer I received:
If a person becomes a public figure by being convicted of fraud, they may have limited grievances against media outlets for using their image in reporting. The Federal Communications Commission (FCC) has a policy against “news distortion,” which prohibits deliberate distortion but recognizes the distinction between deliberate distortion and mere inaccuracy or difference of opinion. This means that media outlets have certain protections under the First Amendment, including the selection and presentation of news or commentary. However, suppose the person believes that their image is being used in a defamatory or discriminatory manner. In that case, they may have grounds to file a complaint with the Department of Justice, mainly if they believe their civil rights have been violated. It’s important to note that the scope of the FCC’s news distortion policy is limited to the broadcast medium, and the FCC has no power to enforce it against non-broadcast news platforms such as social media, online-only streaming outlets, or newspapers.
The citations are:
- The citations for the previous comments are as follows: Columbia College – APA Citation Guide (7th edition)
- APA Style Blog – How to Cite a Blog Comment in APA Style
- Scribbr – Direct quotes in APA Style
- JCU Library – If I’m citing the same work for several sentences in a row, do I need to put the in-text citation after every sentence?
- Towson University – In-text citations – MLA Style
Opinion
While I respect the fact that Jennifer Elizabeth Meehan doesn’t want her image publically displayed, the fact is her image is all over media outlets today. Likewise, before I used her image in my blog (which, out of kindness, I removed), I sought permission to use the image from a media outlet that granted such permission.
As a former convicted felon, I know that nothing today goes away. We live in a time where access to media is significant, and in a digital world, we have to live with the consequences of our actions, however long ago they took place.
Raising this issue, Jennifer Elizabeth Meehan has shown a white-hot spotlight on an interesting question that those of us in the media, as it exists today, need to pay attention to.
Your comments are welcome!
Links to support the above:
