Police in a central Kansas town raided the local newspaper’s office Friday and seized computers and employees’ personal cellphones – an action that advocates say violates federal laws protecting the media.
Law enforcement officers with the Marion (Kan.) Police Department and the Marion County Sheriff’s Office on Friday took the Marion County Record’s computer file server, other computers and phones, along with other equipment, the Record reported.
A search warrant, posted online by non-profit news site the Kansas Reflector, was signed by Marion County District Court Magistrate Judge Laura Viar. The search warrant was approved by the judge citing probable cause that violations related to identity theft and unlawful acts concerning computers were committed. Police were approved to search for devices that were used to access the Kansas Department of Revenue records website and documents and records pertaining to Kari Newell.
Newell is a Marion restaurant owner who during a city council meeting on Aug. 7 accused the Record of illegally obtaining information about her, the newspaper reported.
Interest in the incident rose as word about it spread Saturday, with The New York Post and The Guardian US, a domestic edition of the U.K. newspaper, picking up the story.
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Chief: Police and court ‘will be vindicated’ in Marion, Kansas raid
The federal Privacy Protection Act protects against most searches of journalists and newsrooms by law enforcement, requiring police usually to issue subpoenas. “Legal experts contacted by the Record termed the raid unheard of in America and reminiscent of what occurs in totalitarian regimes and the Third World,” the Record reported.
But Marion Police Chief Gideon Cody said, in an email exchange with USA TODAY, that “speaking in generalities” the Privacy Protection Act allows for a search warrant “when there is reason to believe the journalist is taking part in the underlying wrongdoing.”
“I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated,” Cody said. “I appreciate all the assistance from all the State and Local investigators along with the entire judicial process thus far.”
Eric Meyer, publisher and owner of the Record, told the Reflector – and wrote on the Record’s own news site – that a source contacted the Record, and a member of the city council, with information that Newell “did not have a valid driver’s license and (law enforcement) had ignored what the source said were repeated violation of driving laws by Newell.”
The Record verified the information using a public website, but decided not to publish it, Meyer reported. After consulting an attorney, Meyer told Cody and Sheriff Jeff Soyez about the information the source provided, he wrote.
Meyer reported that the information had been leaked to the Record “as part of legal sparring between Newell and her estranged husband,” as part of the couple’s divorce proceedings.
“We thought we were being set up,” Meyer told the Reflector.
Marion County Record staff endured ‘Gestapo tactics,’ publisher says
After Newell made public comments at the city council meeting alleging the Record had illegally gotten and shared sensitive documents, the Record published a story Thursday detailing its actions and decrying Newell’s accusations as false.
Friday morning, police searched the newspaper office and Meyer’s home, where two computers were taken, he wrote. Police also searched the home of vice mayor Ruth Herbel.
The Record is expected to file a federal suit against the city and those involved in the search, it reported.
“Our first priority is to be able to publish next week,” Meyer said in the story, “but we also want to make sure no other news organization is ever exposed to the Gestapo tactics we witnessed today. We will be seeking the maximum sanctions possible under the law.”
Other local newspapers are helping the Record so it can publish this week and press associations are prepared to support the Record, Emily Bradbury, executive director of the Kansas Press Association, told USA TODAY. “This has never happened in Kansas, so this has a chilling effect and we’re going to do everything we can to make sure that this kind of practice is not encouraged and people are held accountable,” she said.
The association has heard from several First Amendment organizations “that have said, ‘How can we help you?'” she said. “If you want to unite journalists, this is the way to do it.”
The National Newspaper Association called on authorities to return any property seized so “the newspaper can proceed with its work,” said John Galer, the chairperson of the National Newspaper Association, in a post on Facebook. and a statement on the association site.
“Newsroom raids in this country receded into history 50 years ago. 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.”
Follow Mike Snider on X and Threads: @mikesnider &mikegsnider.
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