No Public Executions in America Act
- Sponsor
- Sen. Kelly, Mark [D-AZ]
- Last action
- Oct 15, 2026
Bottom line
The bill aims to prevent the public display of federal and military executions, allowing only for internal official documentation under strict conditions to maintain privacy and dignity.
What it actually does
This bill prohibits the recording, broadcasting, or public dissemination of audio or visual depictions of military executions. It also broadly restricts the use of federal funds for publicly disseminating any audio or visual recording of executions carried out under federal law, while allowing for official, non-public recordings for oversight and archival purposes.
Proponents argue
Supporters argue that this bill upholds the dignity of the condemned and their families, prevents the sensationalization of death, and aligns with evolving societal norms regarding capital punishment. They contend it protects the solemnity and privacy of the execution process while still allowing for necessary official oversight and accountability through internal documentation.
Opponents contend
Opponents might argue that transparency in government actions, particularly those as final and impactful as executions, is crucial for public accountability and oversight. They may contend that preventing public viewing could be seen as obscuring a significant government function from public scrutiny, potentially hindering informed public debate about capital punishment.
The bill is exceptionally short and clearly written, making it highly accessible for any interested reader to understand its core provisions quickly.
Section 2, amending Subchapter IX of chapter 47 of title 10, United States Code
Prohibition on Recording or Broadcasting Military Executions
This section establishes a new federal law making it illegal for any U.S. officer, employee, or agent, or anyone acting under the Department of Defense, to knowingly photograph, film, videotape, make an audio recording of, broadcast, transmit, stream, publish, or distribute to the public any audio or visual depiction of a military execution. This prohibition applies regardless of whether the recording was authorized by the Department of Defense.
Supporters argue
Supporters argue that this provision protects the dignity of the condemned and their families, prevents the potential for executions to become public spectacles, and avoids the use of such imagery for propaganda or sensationalism, which they believe is inappropriate for a government function.
Critics contend
Critics might argue that this provision reduces transparency and public accountability for the military justice system, especially concerning capital punishment. They may contend that public visibility is a necessary check on government power and a means for the public to engage with the realities of state-sanctioned death.
Tradeoffs
This provision navigates the tension between upholding the dignity and privacy of the execution process and the principle of governmental transparency and public oversight of capital punishment.
Section 2, new section 871(c) of title 10, United States Code
Limited Exception for Official Use
This subsection allows the Secretary of Defense to authorize the creation and retention of audio or visual recordings of military executions, but strictly for official purposes. These purposes include investigations, judicial proceedings, congressional oversight, or archival and historical records. Crucially, any recording created under this exception cannot be publicly disseminated unless explicitly authorized by a court order or a separate Act of Congress.
Section 3
No Federal Funds for Public Executions
This section broadly prohibits the use of any federal funds to photograph, film, record, broadcast, publish, or otherwise publicly disseminate audio or visual depictions of any execution carried out under military law (chapter 47 of title 10) or any other federal law. This prohibition can only be overridden by a new Act of Congress enacted after this bill's passage or by a court order.