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I was a reporter for close to 17 years at the Hawaii Tribune-Herald until October 2005, when I joined the growing ranks of union leaders now formerly employed by the newspaper. (For more about what's happening at the Tribune-Herald, check out the Hawaii Newspaper Guild web site.) Since then I've been the Hilo unit representative for the Guild, a freelance writer, photographer, and blogger.  Puna has been my family's home since 1993.

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Monday
12Mar

Thompson responds to photo ban post

scalia_s.jpgRod Thompson e-mailed me comments about the post I wrote regarding his Saturday Honolulu Star-Bulletin article on the CIA lecture at UH-Hilo.


Thompson points out that UH Professor of Law John Van Dyke, whom he quoted in the article, gave him several examples (none of which made it into the article) of visitors to the UH law school who asked not to have their photographs taken and whose requests were accommodated, including U.S. Supreme Court justices Antonin Scalia, Ruth Bader Ginsburg and Anthony Kennedy, and retired president (chief justice) of the Israeli Supreme Court, Aharon Barak.

ginsburg_s.jpgI don't know if these were comparable events to the CIA recruiting lecture, however. For example, were these law school talks advertised events open to the general public? Were the ground rules concerning photographs made available to journalists and attendees in advance?  Even so, I'm curious about the rationale for their shyness about cameras. It's not like the justices are operating undercover. I find it all a little bizarre.

barak.jpgThompson also addressed my question about the CIA "practice" of banning photography at recruiting lectures, posited in the article by UH-Hilo vice Chancellor Keith Miser, in light of how easily I found three photos of CIA recruiters at job fairs published on other university Web sites around the country. But all three photos were taken surreptitiously, Thompson surmised, because they were poor quality photos and the CIA agents weren't looking at the cameras.

kennedy_s.jpgI would surmise, however, that the CIA agent at UH-Hilo was more interested in not having the potentially embarrassing demonstration inside the lecture hall photographed for public consumption than he was in preventing photos of himself. And I'd venture to say I have just as much evidence for that as Thompson has for the surreptitious nature of the photos.
(Photos, from the top, Justice Antonin Scalia, Justice Ruth Bader Ginsburg, former Israeli Chief Justice Aharon Barak, and Justice Anthony Kennedy.) 


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Reader Comments (4)

What is interesting about this issue is that everybody has a different take. Vice Chancellor of Student Affairs Keith Miser believes that groups have requested no photography in the past, and therefore should be able to request it on other occasions like the CIA visit. I think there is a difference between "request no photography" and "threaten by physical ejection if photography is performed." Career Center Director Norm Stahl threatened to have UHH security remove Ing from the room, a right I believe he does not have.


Auxiliary Services Director Kolin Kettleson believes that "Academic Freedom" comes in to play here. He believes that if the event was held outside, "that would be a different story." He believes that because the meeting was inside Stahl exercised his academic freedom by stating that photography was not allowed, and had a right to call on UHH security if his there was a disruption to his academic freedom. Kettleson admitted that he was not sure.


Law Professor Van Dyke believes that this issue falls under the Supreme Court ruling that requires universities that receive federal funding allow military recruiters on campus. Is the CIA considered part of the "military?" and if photography was permitted would that be equivalent to "not allowing military recruiters on campus? "


Maybe there is something in the Patriot Act that highlights this issue. If the CIA had a legitimate, that is to say legal request that photographs not be taken shouldn't they have made that known? There was no sign or any indication as to what event was taking place or any restrictions that were being imposed.


Does the CIA have a right to request that no photography be requested at a public university? Why didn't they have the recruitment session in a room without windows? If somebody really wanted to take a picture they could have through the back window.


Nobody has yet to demonstrate a clear understanding of this opaque situation. I think it is important in a democratic society to determine whether or not a person's constitutional rights have been violated. If we don't get an understanding now when will we?

Thank you,

Justin Avery
UHH Student
March 13, 2007 | Unregistered CommenterJustin Avery
It seems this sort of thing happens when the CIA is not involved. Interesting report of an event supporting Ward Churchill at the University of Colorado:

"By the way, the first person I noticed when I got in the room was the only guy sitting behind a video camera. Somehow I knew who he must be: a volunteer for Grant Crowell, videotaping the event for Crowell's documentary on Churchill."

"Actually it was easy to tell, because Ben Whitmer was over there ordering the guy to shut it down so people could "talk freely." The video guy demurred, pointing out the public nature of the event, etc., so Whitmer called security. They eventually showed, too, but the prior-restrainted videographer had stowed the camera. Nixonian, what?"

http://thedrunkablog.blogspot.com/2007/03/somehow-dragged-myself-to-teach-in-on.html


March 14, 2007 | Unregistered CommenterGrant Jones
The more I follow this travesty, I wonder what leg student services is standing on. No one yet has cited the rules and regulations in effect to demand removal of a legitimate press photographer. Hawaii state law (Act 45) specifically requires proposed rules by PUBLICIZED, that a public hearing be HELD, that adoption FOLLOW and that the rules subsquently be DOCKETED. Does anyone knowledge of any of these steps having been taken? If not, the dean and his surrogate were winging it sans any legal authority.
March 14, 2007 | Unregistered CommenterHugh Clark

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