Whatever you think of the journalistic merits of publishing the Daniel Pearl video (and a reasonable case can be made both for and against), what is clear is that there is a First Amendment right to publish the video. I know of no law or facts that would support a claim that the video may be legally suppressed. Nor does there seem to be any legitimate reason (such as a claim that publication may interfere with an ongoing investigation) for law enforcement to request that the press refrain from publication. This is why it is particularly disturbing that agents of the FBI have ordered an Internet service provider (ProHosters) to remove the Daniel Pearl video from one of their hosted sites (ogrish.com) [WARNING: Site links to graphic imagery] according to this WIRED story by Declan McCullagh (FBI Seeks Pearl Video Ban on Net).
The FBI, according to a WIRED editor, claims that the bureau was merely giving advice to websites hosting the Pearl video — and was not threatening prosecution. This is not the story the ISP provides. Moreover, even if the FBI did not threaten prosecution, its actions were clearly meant to intimidate. While this isn't the first time the US government has attempted to supress the video (see, The Reporters Committee for Freedom of the Press - State, Justice ask CBS News not to air Pearl video segments), it is particularly galling when the government uses law enforcement officers against small businesses that do not have the resources of CBS News.
A special "Freedom of the Press Hypocrisy" Award goes to Dow Jones, publishers of the Wall Street Journal and former employer of Daniel Pearl. While I would support Dow Jones' right to persuade websites not to publish the Daniel Pearl video, it is sheer hypocrisy for Dow Jones to notify law enforcement agencies of sites that publish the video in an effort to encourage law enforcement intimidation.
Additional resources:
National Review Online's symposium on CBS News' decision to air portions of the Daniel Pearl videotape (Airing Pearl).
Letter Never Sent vows to post a copy of the video in response to FBI bullying (FBI bullies ISPs to stop Pearl video).
The infamous photo taken by Eddie Adams in 1968 of a summary execution that was featured on the cover of the New York Times and was awarded a Pulitzer prize (Execution of a Vietcong Prisoner).
The Zapruder Film documenting Kennedy's assassination.