Media & Communications Law

Supreme Court Nixes ACLU Bid for Release of Detainee Abuse Photos

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Citing a new federal law that allows the government to withhold photographs of detainees in Afghanistan and Iraq reportedly being abused by their United States captors, the nation’s top court has overturned an appellate court ruling agreeing with the American Civil Liberties Union that the Pentagon must make the images public.

In a brief order issued today, the U.S. Supreme Court remanded the case to the New York City-based 2nd U.S. Circuit Court of Appeals and told it to reconsider the release of the photos under the Freedom of Information Act in light of the new law, according to the Associated Press and the SCOTUSBlog.

The new law, which is contained in a provision in this year’s Homeland Security budget bill gives Defense Secretary Robert Gates the power—which the Supreme Court upheld—to keep the photos private, reports the Hill’s Blog Briefing Room.

“I have determined that public disclosure of these photographs would endanger citizens of the United States, members of the United States Armed Forces, or employees of the United States Government deployed outside the United States,” said Gates earlier this month when he invoked his power to keep the photos private.

The ACLU says it will continue to fight for the photos’ release.

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