Mugshots on Facebook Don’t Keep Us Safer — They Violate Trust and Rights

To the Editor,

 

    In a small town like ours, fairness, trust, and accountability should guide how our public institutions serve us — especially law enforcement. That's why I'm deeply concerned by our sheriff's department's ongoing practice of posting mugshots and arrest information on its official Facebook page.

 

   This practice does not keep our community safer. It doesn't alert the public to any immediate danger, and it doesn't prevent crime. What it does is publicly shame individuals — many of whom have not been convicted of anything. Despite the standard disclaimer that someone is "innocent until proven guilty," posting a mugshot and full name on social media before a trial effectively declares guilt in the court of public opinion. In a close-knit town, this can irreparably harm someone's reputation, their job prospects, their family relationships — even if they are later cleared or their case is dropped.

 

   Even more troubling is that the Shannon County Sheriff's Office disables comments on these posts — preventing the accused, their loved ones, or members of the public from offering any context, correction, or defense. This isn't just bad practice — it may be a constitutional violation.

 

   Federal courts have ruled that when government officials use social media as a tool of official communication, the interactive portion of those posts becomes a public forum protected under the First Amendment. In Davison v. Randall (2019), the Fourth Circuit held that a public official violated the Constitution by blocking individuals from commenting on a government-run Facebook page. Selectively disabling comments, particularly on controversial or sensitive posts like mugshots, can amount to viewpoint discrimination — which is explicitly prohibited under the First Amendment.

 

   For a sheriff who swears an oath to uphold the Constitution, this kind of censorship should raise serious red flags. You cannot claim to support free speech and due process while silencing the very people impacted by your actions.

 

   There is a better way. The sheriff's department can still inform the public when an arrest has been made, list charges if appropriate, and leave out names and faces. That's transparency — without the harm, without the spectacle, and without violating anyone's rights.

 

    Missouri already recognizes the damage that public exposure can cause. Our state makes it illegal for companies to profit from mugshot removals and allows individuals to expunge arrest records. That tells us something: even when charges don't stick, the damage does.

 

   Let's stop confusing humiliation with public safety. Let's demand law enforcement that truly respects the law — not just enforces it.

 

David Cohen, Winona, Mo.