S. 5686: No Public Executions in America Act

This bill would limit how military executions are handled and shown to the public. It would make it illegal for Defense Department personnel, or anyone acting under Defense Department authority, to:

• take photos, video, or audio recordings of a military execution;
• broadcast, stream, or otherwise share an execution with the public in real time or later;
• publish or distribute any recording or depiction of an execution on government websites, TV, digital platforms, nongovernment websites, or other electronic services.

The restriction would apply whether the recording is kept or saved, and whether the person making it is officially authorized by the Defense Department.

The bill does allow a narrow exception for official purposes. The Secretary of Defense could authorize a recording or depiction to be made and kept for uses such as:

• an investigation;
• a court proceeding;
• Congressional oversight;
• archival or historical recordkeeping.

Even under that exception, the material could not be shared with the public unless a court orders it or Congress passes a law allowing it.

The bill also says that no federal funds may be used to photograph, record, broadcast, publish, or otherwise disseminate any execution covered by the law, unless Congress later specifically authorizes it or a court orders it.

The law would take effect immediately when enacted, and it would apply to any military execution carried out on or after that date, regardless of when the death sentence was imposed or approved.

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