The Secretary's designation of the photos as protected under the Act was logical and plausible given the consultations with military commanders and the commanders' detailed reports of the military situation.
http://www.ca2.uscourts.gov/decisions/isysquery/e4d28d9e-9be6-4844-a955-5bf7b1ff418f/1/doc/17-779amm%20com_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e4d28d9e-9be6-4844-a955-5bf7b1ff418f/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.