The Defense Department earlier this summer released a comprehensive manual outlining its interpretation of the law of war. The 1,176-page document, the first of its kind, includes guidelines on the treatment of journalists covering armed conflicts that would make their work more dangerous, cumbersome and subject to censorship. Journalists, the manual says, are generally regarded as civilians, but may in some instances be deemed unprivileged belligerents, a legal term that applies to fighters that are afforded fewer protections than the declared combatants in a war. The manual warns that Reporting on military operations can be very similar to collecting intelligence or even spying. It says that governments may need to censor journalists work or take other security measures so that journalists do not reveal sensitive information to the enemy. Allowing this document to stand as guidance for commanders, government lawyers and officials of other nations would do severe damage to press freedoms. Authoritarian leaders around the world could point to it to show that their despotic treatment of journalists including Americans is broadly in line with the standards set by the United States government. The documents broad assertion that journalists work may need to be censored lest it reveal sensitive information to the enemy ... seems to contravene American constitutional and case law, and offers other countries that routinely censor the press a handy reference point.
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