As a longtime reporter, I can only imagine the scene of police busting into a newspaper office — and a private home — confiscating computers and cell phones. It is a threat to the First Amendment that can’t be overstated.
But that’s what happened in Marion, Kansas on Aug. 11 to the Marion County Record.
I started to write something that day but decided it was best to simmer down and understand more of the facts before jumping into the fray. Those facts now are clear: police and the judge who authorized the search screwed up.
The Kansas Reflector reported that Marion County Attorney Joel Ensey has now withdrawn the search warrant. He said there was “insufficient evidence” to justify seizure of computers and other materials from the newspaper.
But the damage is done. To have a truly free press not afraid to hold those in power to account, you can’t allow this type of chilling effect.
“Newsroom raids in this country receded into history 50 years ago,” said John Galer, chair of the National Newspaper Association and publisher of the Journal-News of Hillsboro, Illinois.
“Today, law enforcement agencies by and large understand that gathering information from newsrooms is a last resort and then done only with subpoenas that protect the rights of all involved,” Galer said. “For a newspaper to be intimidated by an unannounced search and seizure is unthinkable in an America that respects its First Amendment rights.”
What happened
The small weekly newspaper got pulled into a contentious divorce when it received a tip that a local restaurant owner drove without a license after a DUI. The newspaper did their due diligence and looked into the allegation.
It decided not to write that story — which should have been the end of it. But the restaurant owner went to police claiming the newspaper was out of bounds in checking her criminal record.
The police jumped the gun on a simple issue that could have been handled by phone call or use of a subpoena. Instead, officers sought and receive a search warrant that led to the national embarrassment.
It was based on the theory that someone at the Marion County Record engaged in a prohibited search of a public state database documenting status of driver’s licenses issued in Kansas. A spokesman for the Kansas Department of Revenue said it is legal to access driver’s license information on the agency’s website, the Associated Press reported.
The raid, by the way, was even more devastating for a small weekly newspaper that didn’t have backup computers and severely limited its ability to put out an edition.
And, the co-owner of the paper — the mother of the publisher — was present when police raided her home. She lived with her son. Body cam footage showed her extremely upset. She died of a heart attack the next day.
Look, I have been served a subpoena and it’s not fun. But it is a simple process that protects everyone involved. Never mind the fact the police seemed far more concerned with going after journalists than whether other crimes were committed by those involved in this case.
Proud of Indiana
That entire situation got me thinking about freedom of the press in Indiana, and I was pleased to say I hadn’t encountered anything like this.
While some public agencies are better than others responding to records requests — and Indiana law really doesn’t have teeth when they don’t respond — the majority of my interactions have been straightforward and respectful. Occasionally, an entity will hold a public meeting without notice or ice a specific reporter out but these instances are the exception, not the rule.
We haven’t had any reporter arrests. Several states have taken access away from reporters covering their legislatures. But we saw the reverse here.
In 2021, when lawmakers were processing how to have a legislative session safely in the midst of COVID-19, House and Senate leaders made sure reporters still had a place in the chambers to cover the events of the day. Yes, there were fewer seats, but that’s because space was at a premium, and leaders still ensured access.
I also know of school boards that reserve seats for reporters who regularly attend, and many public information officers who quickly and efficiently pass on public data.
The Kansas raid, however, is a good reminder that the First Amendment is just as important as the other amendments that others hold dear — and saying “oops” isn’t going to cut it.
Allowing a free press to gather information, investigate possible wrongdoing and ultimately bring accountability to society is a mark of a healthy democracy.
Let’s remember that here and elsewhere.
Niki Kelly is editor-in-chief of indianacapitalchronicle.com, where this commentary first appeared. She has covered Indiana politics and the Indiana Statehouse since 1999 for publications including the Fort Wayne Journal Gazette. Send comments to [email protected].
