Video of Ft. Hood Shooting Ordered Deleted

Photo from the Fort Hood Sentinel

Earlier Friday under cross examination, Pfc. Lance Aviles said he used his cell phone to record the rampage inside the processing center but was ordered by an officer to delete both videos later the same day. Aviles was not asked if he knew why the officer ordered the videos destroyed.

Here’s a question for supporters of photographers’ rights as well as military experts: Can an officer in the military legally order a subordinate to delete photos or video that the individual captured using his own cell phone?

For most of us, we all know that nobody can order us to delete our images or videos from our cameras. It’s absolutely illegal. Once the image is captured, it becomes our property and the destruction of that property is a criminal act. The law is very clear.

But what if the same scenario occurs within the confines of the military where a strong chain of command exists and any acts of insubordination are strictly forbidden and punished? Can a subordinate refuse a superior’s order to delete his photos or video without repercussions? And does a soldier have legal recourse if he is forced to destroy his own property?

What if the soldier follows orders, deletes the video, but then retrieves the footage using file recovery software? Is that insubordination? Since the officer was never ordered not to recover the footage?

What do you think?

Source: Yahoo! news

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