Isabella Carter
Flash photography has been a contentious issue in the US, with concerns about its potential impact on historical documents such as the US Constitution and the effects of cameras in courtrooms. In 2010, the National Archives prohibited filming, photography, and videotaping in exhibition areas to protect the Charters of Freedom, including the Constitution, from flash exposure. This decision was made despite existing regulations prohibiting flash photography, as new automatic flash cameras made enforcement challenging. The debate surrounding cameras in courtrooms centres around the tension between public access and constitutional rights, with some arguing that cameras change the behaviour of participants and impact the quest for justice. While state courts are increasingly allowing photography, federal courts remain resistant, and the US Supreme Court continues to reject calls for cameras during its proceedings.
| Characteristics | Values |
|---|---|
| Flash photography banned in | National Archives Building, Washington, DC |
| National Archives Museum | |
| Federal courts | |
| Concern | Charters of Freedom (the Declaration, the Constitution and the Bill of Rights) and other original documents are at risk from exposure to flash photography |
| Number of flashes per year | 50,000 |
| Non-flash photography | Encouraged in all public areas of the National Archives Museum |
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What You'll Learn
Flash photography and the law
Flash photography has long been believed to damage art and historical documents. Many museums and galleries prohibit flash photography, with some citing the "cold from the flash" as being "bad for the art". Similarly, in 2010, the National Archives in Washington, DC, banned all filming, photography, and videotaping by the public in exhibition areas, due to concerns that important historical documents, such as the US Constitution, were at risk from exposure to flash photography.
However, some experts argue that this belief is a myth. Martin Evans, for example, points out the irony that curators ban the use of flash photography on ancient Egyptian relics that have been exposed to intense UV light for thousands of years. He suggests that the "copyright argument" may be used as a smokescreen to hide a general desire to prevent visitors from taking photographs.
While there may be some debate about the actual damage caused by flash photography, it is clear that flash photography is prohibited in many cultural institutions to protect valuable artefacts and documents. It is important for photographers to respect these rules and regulations when visiting such places.
In addition, the use of flash photography in certain public places may be restricted for other reasons, such as protecting the privacy and security of individuals. For example, the use of flash photography in hospitals or other sensitive areas may be prohibited to protect patient privacy and ensure that medical procedures are not disrupted. Similarly, in some countries, the use of flash photography near military installations or other secure areas may be restricted for security reasons.
It is important for photographers to be aware of the laws and regulations regarding flash photography in their respective countries and to respect the rules and guidelines put in place by cultural institutions, public spaces, and other organisations. While flash photography may not be inherently illegal in most cases, it is important to use it responsibly and consider the potential impact on people, artefacts, and the surrounding environment.
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Cameras in courtrooms
The use of cameras in courtrooms is a controversial topic in the United States, with proponents and opponents invoking First Amendment provisions regarding freedom of the press and access to court proceedings. While many state courts allow photography or broadcasts from their courtrooms, the federal courts have been more resistant, with only pilot programs permitting cameras in civil cases. The U.S. Supreme Court has consistently rejected calls to allow cameras during its proceedings, citing concerns about the impact on the judicial process and the dignity of the courtroom.
Proponents of cameras in courtrooms argue that broadcasts educate the public, allowing them to see how justice is administered and promoting accountability. They believe that the presence of cameras can help ensure fairer trials by encouraging participants to pay closer attention to the facts of a case and behave appropriately. Additionally, they argue that the portrayal of justice on television is crucial for public understanding and trust in the legal system, especially since most Americans rely solely on television for information about the world.
On the other hand, critics worry that cameras can negatively impact the character and behaviour of those involved in trials, potentially undermining the quest for justice. They argue that the presence of cameras can interfere with the privacy of victims, witnesses, and defendants and may even distort the truth-seeking process by influencing the behaviour of participants. The concern is that the courtroom may become a "media circus," as seen in the 1935 trial of Bruno Hauptmann for the kidnapping and killing of aviator Charles Lindbergh's baby son, where unruly photographers climbed on witness tables and blinded witnesses with their flash bulbs.
Despite these differing viewpoints, the courts have been unwilling to overturn the ban on cameras in courtrooms, citing various concerns, including the expenditure of judicial time, the difficulty of empanelling impartial juries, and the potential psychological effects on participants. However, some courts, such as the District Court for the Northern District of California, the District Court of Guam, and the District Court for the Western District of Washington, have participated in pilot programs to collect longer-term data and information on the impact of cameras in the courtroom.
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Photography in museums and archives
The debate surrounding flash photography in museums and archives is part of a broader discussion about the role of photography and technology in preserving and sharing historical artefacts and information. Archives and museums strive to balance providing access to their collections and ensuring the long-term preservation of these valuable items.
In the case of the National Archives, the decision to ban flash photography followed a lengthy internal analysis, discussion, and a 60-day comment period where the public provided input. Despite previous regulations and prominent signage prohibiting flash photography, the advent of new camera technology with automatic flash made enforcing the policy challenging.
While some museums and archives restrict or prohibit flash photography, others may permit it, depending on the sensitivity and preservation requirements of their collections. It is always advisable to review the photography guidelines of a specific museum or archive before taking any photographs to ensure compliance with their policies.
Additionally, the debate surrounding cameras in courtrooms, as an extension of the discussion on photography in public spaces, has constitutional implications. Proponents of cameras in courtrooms cite the importance of accountability, public understanding, and the First Amendment's freedom of the press. In contrast, opponents worry about changing the character and behaviour of participants and the potential infringement on other constitutional rights. The presence of cameras in courtrooms and the resulting media coverage can create a "media circus," influencing the proceedings and participants' behaviours.
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The Constitution and the right to a fair trial
The right to a fair trial is a fundamental human right that is enshrined in many regional and international human rights instruments, including the US Constitution. This right is broadly defined as the entitlement to a trial that is "conducted fairly, justly, and with procedural regularity by an impartial judge or jury."
The US Constitution, specifically the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments, guarantees several rights associated with a fair trial. For instance, the Sixth Amendment ensures that in criminal cases, the accused has the right to a speedy and public trial by an impartial jury, the right to be informed of the charges and nature of the accusation, the right to confront witnesses, the right to compulsory process for obtaining witnesses in their favor, and the right to assistance of counsel for their defense.
The right to a fair trial is also protected under the African Charter on Human and Peoples' Rights (ACHPR), which includes provisions for a "fair and regular trial," "safeguards of proper trial and defense," and an "impartial and regularly constituted court." The European Convention on Human Rights, in Articles 5, 6, and 7, also enshrines the right to a fair trial, guaranteeing the right to equality before the law and prohibiting ex post facto or retroactive law.
While there is no binding international law defining what constitutes an unfair trial, the right to a fair trial is widely recognized as a fundamental human right. This right is essential to ensuring the proper administration of justice and protecting individuals' rights and freedoms.
In terms of flash photography eroding the US Constitution, there have been concerns about the potential damage caused by flash photography to the Charters of Freedom, including the Constitution, on display at the National Archives in Washington, DC. In 2010, the National Archives announced a ban on filming, photographing, and videotaping by the public in all exhibition areas to protect these important documents.
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The First Amendment and freedom of the press
The First Amendment to the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees, among other things, freedom of the press. It states that "Congress shall make no law...abridging the freedom of speech, or of the press...". This amendment was designed to safeguard individual liberties and restrict governmental power, deeply rooted in the country's commitment to democracy.
The freedom of the press functions as a limitation on government regulation and protects the public's right to receive information, especially regarding government affairs and other matters of public concern. The Supreme Court has addressed the distinction between freedom of the press and freedom of speech, considering whether the former grants the institutional press broader freedoms from government restrictions than private individuals or entities. While the Court has not settled this question, several cases have clarified and expanded the scope of First Amendment rights related to the press.
Notable examples include Near v. Minnesota (1931), where the Court rejected prior restraint on publication, and New York Times Co. v. United States (1971), where the Court prevented the Nixon administration from blocking the publication of the Pentagon Papers, despite national security concerns. In another case, Grosjean v. American Press Co. (1936), the Court struck down a license tax that disproportionately affected newspapers with large circulations in Louisiana.
The First Amendment's freedom of the press also intersects with the right to access information. Public institutions like schools and libraries have been at the centre of legal battles over student access to books, removal of "offensive" material, and limitations on public access to the internet. The American Library Association has long championed the freedom to read and access information, seeing censorship as the suppression of ideas and information by government officials.
While the First Amendment protects freedom of the press, it does not entitle the press to special treatment or privilege under the law. For instance, in Branzburg v. Hayes, the Court decided that reporters could be compelled to testify in criminal cases, even about confidential information. Additionally, the government is generally not compelled to provide the press with information not available to the public.
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Frequently asked questions
No, but it can damage the physical document. In 2010, the US National Archives prohibited flash photography to protect the Charters of Freedom, which include the Constitution.
The Charters of Freedom are original documents, and the ink on them is at risk of damage from exposure to flash photography.
Despite a regulation prohibiting flash photography, prominent signs, and security guards enforcing the rule, Archives staff estimated that the documents were subjected to approximately 50,000 flashes a year.
Yes, non-flash photography is encouraged in all public areas of the National Archives Museum.
Many state courts allow photography or broadcasts from their courtrooms, but federal courts have remained more resistant. The US Supreme Court has rejected calls to allow cameras during its proceedings.
