National Security and the Press Part Five - Constitutionality of Restraints on Coverage

One other significant problem for freedom of reporting is that despite the existence of guidelines for how embedded reporters should be treated, the individual experience of reporters can be largely controlled by the local commander in charge of them. In fact, during the first Persian Gulf War, the informal restrictions imposed on some journalists were so onerous that they were unable to transmit any information until after the conclusion of the conflict. Sherry Ricchiardi, Preparing for War, AMERICAN JOURNALISM REVIEW, March 2003. Even in the recent Iraq War with a stated policy of encouraging freedom of reporting, many commanders did not honor the spirit of the program and imposed their own restrictions on coverage. Jack Shafer, Embeds and Unilaterals, SLATE, May 1, 2003. This potential for local veto over coverage is especially disturbing given that one of the primary benefits of embedded journalism programs is supposedly the ability of embedded reporters to perform their watchdog functions on the ground. If a local commander can make snap decisions to restrict access, the benefit in terms of deterring or monitoring potential atrocities or violations of the rules of warfare is minimized. Only a unit that knows that all of its activities could be reported will be restrained by the presence of an embedded journalist.

The embedded reporter program creates problems for the independence of the press even outside of those who are members of the program. During the Iraq War, the embedding program created a