The Pentagon’s proposal to livestream an execution by firing squad may have First Amendment implications. Courts have steadfastly rejected claims by the media that they have a constitutional right to broadcast executions. But they have done so in part with the argument that public executions were a relic of the past. (The 7th Circuit used this rationale just last year.) If they are not, then it’s not clear to me why the Government gets to choose which ones get televised and which ones don’t.
