Public Right of Access to America’s War on Terror

Lehman, Joseph

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https://hdl.handle.net/2142/113629 Copy

Description

Title

Public Right of Access to America’s War on Terror

Author(s)

Lehman, Joseph

Issue Date

2021

Keyword(s)

• War on Terror
• Guantanamo Bay
• Terrorism
• Constitutional Rights
• Public Right of Access

Abstract

The saga of Guantanamo Bay litigation continued into a new area of law earlier this year. In an opinion written by Judge Justin Walker, the United States Court of Appeals for the DC Circuit dismissed an attorney’s petition to observe a tribunal hearing of an Islamic terrorist. While JudgeWalker’s opinion ultimately dismissed the attorney’s petition, the opinion left open the possibility that American citizens could demand access to Guantanamo hearings under the FirstAmendment. Lively debate exists over whether or not enemy combatants enjoy certain constitutional rights. But regardless of whether a terrorist has a Sixth Amendment right to a public trial, American citizens – under the original understanding of the First Amendment – have a qualified constitutional right to observe the hearings of enemy combatants.

Publisher

Program in Arms Control & Domestic and International Security

Type of Resource

text

Language

en

Permalink

http://hdl.handle.net/2142/113629

Copyright and License Information

Copyright 2021 Joseph Lehman

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