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Graphic depictions of death create legal contradictions

March 25, 2010 by thekrg

In a utopian society, each of our freedoms would settle snugly into their own little compartment. The freedoms would only be shown when necessary, which would essentially be never since they wouldn’t be questioned.

Our freedoms are guaranteed, but they don’t exist in isolation. Many times our personal freedoms conflict or our rights contradict those of others.

The balance between rights is a Florida court’s conundrum as officials attempt to determine whether video of a SeaWorld trainer killed by a whale should be released to the media.

Dawn Brancheau, 40, died last month when Tilikum, the killer whale she trained, dragged her under water, according to the Associated Press. The attack occurred during a performance, while visitors looked on, according to CNN.

The woman’s relatives say they will suffer severe emotional harm if the video is released. The media claim withholding the video sets a negative precedent in relation to freedom of information.

The question now becomes whether the public’s right to view the video made by a SeaWorld camera is greater than her family’s right to privacy.

Until the decision can be made, Circuit Judge Lawrence Kirkwood issued a temporary injunction on the video’s release, according to the Associated Press.

This issue of protecting victims’ privacy is ongoing.

A Georgia judge refused in March to release photos of the nude and decapitated body of a murdered hiker. A writer on assignment for Hustler magazine made the request, which resulted in debate and possible legislation in that state about whether graphic photos of crime victims should be part of the public record.

As a media trauma scholar and an outspoken advocate for complete First Amendment rights, this issue puts my belief systems in conflict as well.

Thoughts?

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thekrg

Disclosure of Material Connection: Some of the links in the post above (typically those to books) may be “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. I promise that I only recommend products or services I use personally and think will provide you value. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

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