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Too Dangerous to Disclose? FOIA, Courtroom “Visual Theory,” and the Legal Battle Over Detainee Abuse Photographs

Published online by Cambridge University Press:  27 December 2018

Anna Veronica Banchik
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Abstract

As law deepens its engagement with visual data, legal scholars have expressed concern that courts all too often uphold photographic evidence as objective representations of truth, rather than as necessarily partial portrayals of reality. To combat this naïve realism in legal institutions, some are incorporating insights from media studies in calling for a jurisprudence of the visual. Drawing on an ongoing lawsuit over the disclosure of detainee abuse photographs taken in Iraq and Afghanistan after September 11, I suggest this project expand its scope to examine litigants' interpretations of images in courtrooms, as well as concerns beyond photographic objectivity that arise in disclosure disputes, including images' unique privacy implications and national security risks. Though the stakes in this case are atypical, these specific concerns are to varying degrees more germane. Having all been raised before, they are likely to be heard again, if only by a single judge or jury.

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Articles
Information
Law & Social Inquiry , Volume 43 , Issue 4 , Fall 2018 , pp. 1164 - 1187
Copyright
Copyright © American Bar Foundation, 2018 

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References

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