The recent incident in Marion, Kan., involving the local police raiding the offices of the Marion County Record is not only an assault on the First Amendment, but also a violation of basic human dignity, our national values, and the Constitution. The actions taken by the police, such as seizing the newspaper’s computers and injuring a reporter during the raid, are unacceptable and should anger every American.
Thomas Jefferson once wrote that the freedom of the press is essential to our liberty, and James Madison enshrined this freedom in the First Amendment for that very reason. This means that no public official can make journalism a crime. Yet, it appears that the Marion police and a local magistrate judge did just that in this case. Their actions were prompted by a tip from a confidential source about a local woman’s criminal history, which the newspaper chose not to publish after verifying the information. Instead, the editor alerted the police out of concern for the source’s credibility.
The police had no justification for turning the newspaper’s lawful newsgathering into an investigation for “identity theft” and obtaining an overly broad search warrant. They could have followed proper legal procedures, such as obtaining a subpoena, if they believed the newspaper had acted unlawfully. Instead, they chose a heavy-handed and intimidation tactic that undermines the principles of a free press.
Unfortunately, this incident is not an isolated case. We have seen a disturbing trend of government officials using aggressive tactics against the press in recent years. This includes the arrest of citizen journalist Priscilla Villarreal in Laredo, Texas, for simply asking a police officer for information while reporting the news, and the seizure of journalist Tim Burke’s devices by the FBI in Florida. It is clear that when the government attempts to criminalize journalism, it threatens our ability to seek truth and stifles freedom of the press.
It is important to note that this is not a call for journalists to be above the law. Journalists should be held accountable if they commit crimes. However, when the government targets journalists and attempts to silence them, it is an assault on everyone’s freedom. We must not let public officials silence us and we should demand answers and accountability from the Marion police and any other officials who violate the First Amendment. Our cherished liberty depends on it.
By JT Morris, Senior Attorney at the Foundation for Individual Rights and Expression.
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