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Legal Commentary
: BalkinizationImages and the Impulse to Silence
By Jack M. Balkin
It?s understandable that the Iranian authorities have tried to shut down the protesters? avenues of communication, and also understandable that the Obama administration has tried to keep them open. Indeed, one might think that President Obama has a particular appreciation of the unique power of visual images?and not just because, after his famous fly-swat, he looked up at the cameraman and asked, ?Did you get that?? No, Obama has emphasized the value of images when there is much, much more at stake. In the coming months, we will see how far the Obama administration yields to its own impulse to silence. In April, the administration released key documents detailing the use of torture against detainees. But just a few weeks later, Obama reversed course on photographs of detainee abuse and decided to contest a court order to release the photos. To defend this decision, he drew a distinction between information and image, claiming that the photos would not provide any new information and would inflame anti-American sentiment. The latter worry has some merit?just as Ahmadinejad is right to believe that images of Iranian protests will inflame anti-Iranian (or anti-Ahmadinejad) sentiment. But the claim that the photos of detainee abuse have no independent value is wrong. Sometimes, images convey ideas and information for which we have no words. Sometimes, as Iranian tweeters know, images will capture attention in ways that words will not. And sometimes, as General Eisenhower knew, images can make us speak and think about subjects that we would otherwise like to avoid.
On his recent visit to the former concentration camp at Buchenwald, Obama noted both the disturbing nature of images and their essential political function. Obama reminded his audience at Buchenwald that when American troops took possession of the camp, General Eisenhower insisted on viewing ?every corner? and ordered that photographs and films be taken to record the sights. Of course, the photographs at Buchenwald played a somewhat different role than the images of Neda and other Iranians. One of the functions of the photos of Buchenwald was to address the risk that we will not wish to speak of atrocities. In Obama?s words, there is an ?impulse to silence? that General Eisenhower thought photographs and films might help us?or require us?to overcome.
Full post as published by Balkinization on June 22, 2009 (boomark / email).
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