Is it legal for the US to livestream the Fort Hood shooter's execution? - explainer

The Pentagon announced it would livestream the execution of Nidal Hasan, the man responsible for the 2009 Fort Hood shooting that killed 13 people. This move has raised questions about the legality of such an unprecedented action.

The US Supreme Court has deemed execution by firing squad constitutional, ruling in 1879 that it does not constitute cruel and unusual punishment. Five states currently allow this method of execution: Idaho, Mississippi, Oklahoma, South Carolina, and Utah. The Trump administration has also approved firing squad executions in the federal prison system.

Military executions by firing squad were once common, with hundreds of US soldiers sentenced to death during the Civil War. However, executions in the US have moved away from public view over the past century. While federal prisons prohibit recording or broadcasting executions, military regulations do not apply this restriction. Hasan was convicted of premeditated murder in a military court-martial trial in 2013.

State laws govern who can witness executions, typically restricting access to authorized officials, family members, legal counsel, and a few media representatives. Courts have consistently denied media organizations' attempts to gain broader access to executions. In 2001, a judge rejected an internet company's request to livestream Timothy McVeigh's lethal injection execution.

Hasan has exhausted his direct appeals within the military justice system but can still challenge his conviction and sentence in federal civilian courts through a federal habeas corpus proceeding. This could potentially delay his execution, possibly for years. Hasan's execution is currently scheduled for December 3.