Controversial Pictures

By Kate Sheehy
© 2002 The Associated Press (Photo: Frank Augstein)


The Reporter's Committee for the Freedom of the Press (RCFP)and The New York Times report that members of Congress are asking President Obama, to review the policy of the Bush administration restricting media from photographing the coffins of dead soldiers. The regulation started in 1991 and applies primarily to the Dover Air Force Base, where most of the returned bodies of soldiers come through. Initially, exceptions were allowed. Then under the Bush Administration, this act became completely prohibited.

The RCFP reports that Defense Secretary Robert Gates says he is seriously considering repealing the restriction. RCFP writes that Gates says taking pictures of the coffins is not a problem, if the feelings of the soldiers' families are respected. The RFCP states that Democratic Senator Frank Lautenberg, has also written a letter to Obama requesting this policy be reevaluated.

“I respectfully urge you to work to bring an end to the misguided policies of the past that seek to hide the sacrifice of our soldiers and the public recognition and pride that should accompany it,” said Lautenberg.

President of Military Families United, John Ellsworth told the RCFP he believes that families of the soldiers should be the ones to decide if the coffin should be photographed.

· If brought to trial would regulations about photographing these coffins be considered under the Strict Scrutiny or Immediate Scrutiny test, in other words are the pictures directly or indirectly related to speech?
· What reasoning could you use to argue that under the First Amendment the press has a right to share these pictures with the public?
· Think about the Freedom of Information Act and whether prohibiting photographs falls under the exemption of National Security or Personal Privacy?