Tuesday, July 13, 2010

You Are Not Authorized to See These Pictures of the Oil Spill, Citizen ... Do Not Look!

Preface: The title is a parody of the fact that the government has effectively made it a felony to take pictures of oiled wildlife.


While most of these pictures have previously been published by the mainstream media - and presumably will remain publicly available - that assumption is not 100% certain. By way of analogy, the government sometimes reclassifies as top secret information which was previously declassified.

More importantly, while some of these photos have been widely seen, most have not, and I have never seen them rounded up in a single page before.

Jonathan Elinoff has rounded up rarely-seen videos and pictures of the gulf oil spill:

A pod of Bottlenose dolphins swim under the oily water Chandeleur Sound, Louisiana, Thursday, May 6, 2010 in the Gulf of Mexico. (AP Photo/Alex Brandon)

This is a photo of a dolphin pulled from the gulf....

Below you will find a picture of millions of dead fish. These are small fish, possible baby fish. They are slowly washing ashore and towards the ports. Over 9,000 species of animals will be under threat of extinction in this region, we might not ever see again on the planet. Click the image to enlarge it.


A Greenpeace activist steps through oil on a beach along the Gulf of Mexico on May 20, 2010 near Venice, Louisiana. (John Moore/Getty Images)

A Brown Pelican sits in heavy oil on the beach at East Grand Terre Island along the Louisiana coast Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A pair of Brown Pelicans, covered in oil, sit on the beach at East Grand Terre Island along the Louisiana coast, Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A dead turtle floats on a pool of oil from the Deepwater Horizon spill in Barataria Bay off the coast of Louisiana Monday, June, 7, 2010. (AP Photo/Charlie Riedel)

A sea bird soaked in oil sits in the surf at East Grand Terre Island along the Louisiana coast Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A Brown Pelican is seen on the beach at East Grand Terre Island along the Louisiana coast on Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A bird covered in oil flails in the surf at East Grand Terre Island along the Louisiana coast Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A Brown Pelican is mired in heavy oil on the beach at East Grand Terre Island along the Louisiana coast on Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A Brown Pelican covered in oil sits on the beach at East Grand Terre Island along the Louisiana coast on Thursday, June 3, 2010. (AP Photo/Charlie Riedel)

A ship's wake cuts through a pattern of oil near the site of the Deepwater Horizon oil spill in the Gulf of Mexico Monday, May 17, 2010. (AP Photo/Charlie Riedel)


Oil from the Deepwater Horizon spill pools against the Louisiana coast along Barataria Bay Tuesday, June 8, 2010. (AP Photo/Charlie Riedel) #

APTN photographer Rich Matthews dives into the water to take a closer look at oil from the Deepwater Horizon spill on June 7, 2010 in the Gulf of Mexico south of Venice, Louisiana. (AP Photo/Eric Gay)

A dead Northern Gannet covered in oil lies along Grand Isle Beach in Grand Isle, Louisiana May 21, 2010. A member of Tri-State Bird Rescue and Research tagged the spot of the location of the incident. (REUTERS/Sean Gardner)

Collected oil burns on the water in this aerial view seven miles northeast of the Deepwater Horizon site over the Gulf of Mexico, May 18, 2010. (REUTERS/Daniel Beltra/Greenpeace)

Oil is seen on the surface of the Gulf of Mexico about six miles southeast of Grand Isle, Louisiana May 21, 2010. (REUTERS/Sean Gardner)

A sea turtle is mired in oil from the Deepwater Horizon oil spill on Grand Terre Island, Louisiana June 8, 2010. (REUTERS/Lee Celano)

Oil floats around booms and through marshlands of the Mississippi Delta on May 23, 2010. (REUTERS/Daniel Beltra/Greenpeace)

Maura Wood, Senior Program Manager of Coastal Louisiana Restoration for the National Wildlife Federation takes a sample of water in a heavily oiled marsh near Pass a Loutre, Louisiana on May 20, 2010. (REUTERS/Lee Celano)

A suction hose is used to remove oil washed ashore from the Deepwater Horizon spill, Wednesday, June 9, 2010, in Belle Terre, Louisiana. (AP Photo/Eric Gay) #

An oil-soaked pelican takes flight after Louisiana Fish and Wildlife employees tried to corral him on an island in Barataria Bay on Sunday, May 23, 2010. (AP Photo/Gerald Herbert)

Oil is scooped out of a marsh impacted by the Deepwater Horizon Oil Spill in Redfish Bay along the coast of Louisiana, Saturday, May 22, 2010. (AP Photo/Gerald Herbert)

A sheen of oil sits on the surface of the Gulf of Mexico close to the site of the BP oil spill as a boat uses a containment boom to gather the oil to be burned off approximately 42 miles off the coast of Louisiana May 18, 2010 (REUTERS/Hans Deryk)

Crews try to clean an island covered in oil on the south part of East Bay May 23, 2010. (REUTERS/Daniel Beltra/Greenpeace)

A ship maneuvers and sprays water near a rig in heavy surface oil in this aerial view over the Gulf of Mexico May 18, 2010, as oil continues to leak from the Deepwater Horizon wellhead. (REUTERS/Daniel Beltra/Greenpeace)

An outboard boat motor breaks up a thick layer of oil as Louisiana Governor Bobby Jindal and Plaquemines Parish President Billy Nungesser toured the oil-impacted marsh of Pass a Loutre on Wednesday, May 19, 2010. (AP Photo/Gerald Herbert)

Oil from the Deepwater Horizon spill coats marsh grass at the Louisiana coast along Barataria Bay Tuesday, June 8, 2010. (AP Photo/Charlie Riedel)

A brown pelican coated in heavy oil wallows in the surf June 4, 2010 on East Grand Terre Island, Louisiana. (Win McNamee/Getty Images)

A shrimp boat is used to collect oil from the Deepwater Horizon oil rig explosion in the Gulf of Mexico in the waters of Chandeleur Sound, Louisiana on May 5, 2010. (AP Photo/Eric Gay)

A helicopter flies over surface oil in this aerial view over the Gulf of Mexico, May 18, 2010. (REUTERS/Daniel Beltra/Greenpeace)

A young heron sits dying amidst oil splattering underneath mangrove on an island impacted by oil from the Deepwater Horizon oil spill in Barataria Bay, along the the coast of Louisiana on Sunday, May 23, 2010. (AP Photo/Gerald Herbert)

Seawater covered with thick black oil splashes up in brown-stained whitecaps off the side of the supply vessel Joe Griffin at the site of the Deepwater Horizon oil spill containment efforts in the Gulf of Mexico off the coast of Louisiana Sunday, May 9, 2010. (AP Photo/Gerald Herbert)


A tugboat moves through the oil slick on May 6, 2010 in the Gulf of Mexico. (Michael B. Watkins/U.S. Navy via Getty Images)

Oil burns during a controlled fire May 6, 2010 in the Gulf of Mexico. The U.S. Coast Guard is overseeing oil burns after the sinking, and subsequent massive oil leak, from the sinking of the Deepwater Horizon oil platform off the coast of Louisiana. (Justin E. Stumberg/U.S. Navy via Getty Images)

Dark clouds of smoke and fire emerge as oil burns during a controlled fire in the Gulf of Mexico, May 6, 2010. The U.S. Coast Guard working in partnership with BP PLC, local residents, and other federal agencies conducted the 'in situ burn' to aid in preventing the spread of oil. (REUTERS/Mass Communication Specialist 2nd Class Justin Stumberg-US Navy)

The crew of a Basler BT-67 fixed wing aircraft releases oil dispersant over parts of the oil spill off the shore of Louisiana in this May 5, 2010 photograph. (REUTERS/Stephen Lehmann/U.S. Coast Guard)

A man holds a plastic bag with seawater and oil from the Gulf of Mexico oil spill south of Freemason Island, Louisiana May 7, 2010. (REUTERS/Carlos Barria)

Oily water is seen off the side of the Joe Griffin supply vessel at the site of the Deepwater Horizon oil spill containment efforts in the Gulf of Mexico on Saturday, May 8, 2010. (AP Photo/Gerald Herbert)

One of the New harbor Islands is protected by two oil booms against the oil slick that has passed inside of the protective barrier formed by the Chandeleur Islands, as cleanup operations continue for the BP Deepwater Horizon platform disaster off Louisiana, on May 10, 2010. (MARK RALSTON/AFP/Getty Images)

Blobs of oil from the massive spill float on the surface of the water on May 5, 2010 in Breton and Chandeleur sounds off the coast of Louisiana. (Joe Raedle/Getty Images)

Mississippi River water (left) meets sea water and an oil slick that has passed inside of the protective barrier formed by the Chandeleur Islands, off the coast of Louisiana, on May 7, 2010. (MARK RALSTON/AFP/Getty Images)

Oil from the Deepwater Horizon oil spill makes its way to shore on Chandeleur Islands in Louisiana on May 7, 2010. (AP Photo/The Dallas Morning News, Vernon Bryant)

This image provided by NASA shows the Mississippi Delta (top right) and the growing oil slick in the Gulf of Mexico on May 5, 2010. Photo was taken by International Space Station Expedition 23 flight engineer Soichi Noguchi. (AP Photo/NASA - Soichi Noguchi)

Oil and oil sheen are seen moving past an oil rig, top right, in the waters of Chandeleur Sound, Louisiana, Wednesday, May 5, 2010. (AP Photo/Eric Gay)

An oil soaked bird struggles against the oil slicked side of the HOS Iron Horse supply vessel at the site of the Deepwater Horizon oil spill in the Gulf of Mexico off the coast of Louisiana Sunday, May 9, 2010. (AP Photo/Gerald Herbert)

An aerial view of the oil leaked from the Deepwater Horizon wellhead, May 6, 2010. (REUTERS/Daniel Beltra)

Dark clouds of smoke and fire emerge as oil burns during a controlled fire in the Gulf of Mexico May 7, 2010. (U.S. Navy photo by Mass Communication Specialist 2nd Class Justin Stumberg/Released)

Bruce Padilla, left, and Adam Shaw, Louisiana oilfield divers, return through blackened seawater from watching a controlled oil burn in the Gulf of Mexico May 7, 2010. (U.S. Navy photo by Mass Communication Specialist 2nd Class Justin Stumberg/Released)

Oil, scooped up with a bucket from the Gulf of Mexico off the side of the supply vessel Joe Griffin, coats the hands of an AP reporter at the site of the Deepwater Horizon oil spill in the Gulf of Mexico, May 10, 2010. (AP Photo/Gerald Herbert)

Shrimp boats are used to collect oil with booms in the waters of Chandeleur Sound, Louisiana, Wednesday, May 5, 2010. (AP Photo/Eric Gay)

Note: The descriptions are Elinoff's and/or of the sources from which he obtained them. However, I have edited to remove many of Elinoff's editorial comments and arguments regarding BP's wrongful actions or potential future scenarios, to focus on the present effects of the oil spill itself.

All photographs and text are copyright of their respective owners. They are being reproduced under the Fair Use exception to copyright law, 17 U.S.C. § 107, as it is for educational purposes and is intended as political commentary on important social events of the day.


In addition, use of such images is also protected under the First Amendment to the United States Constitution. Specifically, reproduction is protected under the 'Mai Lai/Zapruder line of cases', since:
(1) The images are of historical significance;

(2) They show facts which cannot be conveyed effectively in any other manner, and

(3) Therefore the Constitution trumps copyright law.

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