The recent police raid on a Kansas newspaper has highlighted a flagrant abuse of power that should concern us all, even here in the Capital Region. The seizure of computers and cellphones from the Marion County Record was not only an attack on press freedom, a constitutional right protected by both the U.S. and Kansas constitutions, but it also violated the fundamental right of every individual to freely express their thoughts and opinions, as eloquently stated in the Kansas and New York constitutions.
Prior to the raid, the Marion County Record was responsibly exercising these rights by investigating the background of Marion Police Chief Gideon Cody. Shockingly, during the raid, Chief Cody even confiscated a reporter’s personal cellphone, despite it being unrelated to the warrant. In response, the reporter, Deb Gruver, has rightfully filed a federal lawsuit against the chief for violating her constitutional rights, and the newspaper is considering legal action as well.
The police claim that the raid was prompted by suspicions of identity theft and computer crimes, specifically regarding the paper’s investigation into a local restaurateur’s past DWI arrest and license suspension. However, the Kansas Department of Revenue has stated that searching the state’s database with easily obtainable information, such as a person’s name, date of birth, and address, is perfectly legal.
Although the police have returned the seized items and a court has ordered them to destroy any electronic copies of the newspaper’s files, the damage has already been done. The police potentially had access to the paper’s sources and research, which undermines the integrity of journalism. Tragically, the raid on Publisher Eric Meyer’s home even resulted in the death of his distressed 98-year-old mother the following day.
To understand the consequences of such abuses of police power on ordinary citizens, we need only look closer to home. In 2018, when then-Mayor Shawn Morse was in power in Cohoes, the police arrested a resident, Jeffrey Bagley, who had criticized the mayor on Facebook. Bagley was charged with harassment, but it later became clear that the arrest was motivated by his online criticisms. The judge who issued the warrant promptly apologized for her role in the matter, and hopefully, she, along with other judges and prosecutors, now exercises greater caution in handling warrants.
It is vital for judges and prosecutors to remember that their role extends beyond law enforcement and instead encompasses the pursuit of justice. The laws exist not only to punish crimes but also to protect the public. As they fulfill their duties, they should be particularly vigilant when those in positions of power attempt to infringe upon the rights of a free press or free speech, as guaranteed by the constitutions of the United States and New York state.
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