Is that what I said? Or is what I said that if a broadcast exists putting arbitrary limits on who can and cannot watch it not a thing the government should do?
If there was a Livestream of your next colonoscopy, I would say that the government should not restrict who can and cannot watch it.
Late to the topic, but I skimmed. I’ll offer an overview. It might recover what I skimmed above.
It’s not clear if live-streaming his execution is illegal or not. It hinges on Hasan being in the military. He was tried by court-martial under military law and will receive punishment allowed by the military. The Constitution extends to both military/civilian, but by it’s own words not equally or in the same way; which has been upheld by SC. For example, a soldier in the military does not have the same 1st amendment rights as a civilian.
Civilian: public execution live-streaming is explicitly illegal under statute, and likely unconstitutional under the 8th. So it’s a law that is in effect today, not a policy that can be changed. Had Hasan been sentenced in an Article III Court/federal law, can’t do it.
Military: The civilian law above does not extend to the military. The UCMJ is the applicable source of law. There is no explicit law like the civilian one above, just some general restrictions. It seems to focus on who can be physically present. For example, no one under 18 years old can attend; lawyers can, etc. Also, you’re not allowed to make and keep a recording of it. Taken together, I’m not sure it was contemplated on whether a live-stream would be legal or not, but it would be very difficult in practice to do it without then violating the actual restrictions in place (eg., how do you guarantee no one under 18 watches; that no one records it, etc.). There is also a UCMJ statute against cruel and unusual punishment, but not clear if this violates that or not. The Courts will figure this stuff out before it’s allowed to go forward.
re: 8th applied to military. I won’t go into details here since it’s already not clear as applied to civilians. Meaning, assuming it’s applied the same to military as civilians, it’s not explicitly clear if it violates the 8th.
I think that’s a fair assessment of the law. If I missed something on point, let me know. Personally, it’s soul-crushing that this is even being considered by America. Another day I guess.
That seems to describe most of trump’s time in office. At least the decisions that get announced via social media. The ones with real paperwork behind them that make real changes, are of course decided by somebody more adult. More evil too, but more adult.