United States: Police Raid on Local Newspaper Raises Concerns Over Press Freedom

CFWIJ condemns police raid at Marion County Record; demands immediate return of confiscated materials

Location: United States, Kansas, Marion County
Date: August 11, 2023

Police raid at Marion County Record newspaper in Kansas sets concerning precedent for press freedom. In an America that cherishes and upholds its First Amendment rights, the notion of a newspaper being intimidated by an unforeseen search and seizure is alarming. The Coalition For Women In Journalism urges the police to return all seized items and supports the newspaper's plan to challenge the legality of the raid.

On August 11,  police forces and sheriff’s deputies raided The Marion County Record’s office, the homes of the paper’s owner and editor, as well as the residence of a city councilwoman. In an unprecedented move, the magistrate judge issued a warrant, granting police the authority to seize the newspaper's files. Computers, cell phones, and other materials were taken during the search.

The action by law enforcement has caused widespread consternation among press freedom advocates and First Amendment proponents. The warrant issued also appears to have contravened a federal law that safeguards journalists from having their materials searched and confiscated.

Local law enforcement targeted the family-owned weekly publication, following allegations made by a restaurant owner, Kari Newell. Newell claimed that the newspaper had unlawfully obtained damaging information about her past conviction for drunk driving and was poised to publish it. 

According to a report by The Kansas Reflector, the police informed Newell about the situation, after which she expressed her dissatisfaction at a city council meeting, falsely claiming that the newspaper had obtained and shared sensitive documents unlawfully. 

The paper vehemently denies any wrongdoing, asserting that it never acquired the information illicitly and refrained from publishing it.  

It is also possible that law enforcement’s unusual actions were motivated by the strained relationship between the newspaper and the authorities in Marion. The Record was actively investigating the town's police chief, Gideon Cody, at the time of the raid. The newspaper had received tips suggesting that Cody had left his previous job in Kansas City to evade repercussions for alleged sexual misconduct charges.

Although the Record refrained from publishing the information, crucial details about the investigation, including the identities of those who made the allegations against Cody, were stored on a computer confiscated by the police.

Tragically, the raid's aftermath took a devastating toll, with the co-owner of the newspaper, Joan Meyer, losing her life just a day after the incident. The Record, in an unauthored article, branded the raid as "illegal," attributing Meyer's death to the immense stress and anguish she endured after the police search. 

Media law experts believe the raid on the Marion County Record may be a violation of federal law, as it infringes on journalists' protections. The confiscation of journalism tools is not a common occurrence in the United States, where journalists enjoy robust legal safeguards to protect their work. 

The Privacy Protection Act of 1980 protects journalists by limiting police searches of newsrooms, requiring subpoenas for documents, and allowing legal challenges and damages for rights violations. Exceptions to the law are limited and do not apply when the alleged crime is connected to newsgathering. 

The First Amendment of the US Constitution guarantees freedom of speech and the press, allowing journalists to report news and express opinions without government interference. 

The raid could also be a violation of the Fourth Amendment, which protects against unreasonable searches and seizures.

Maintaining proper adherence to legal procedures and respecting journalists' rights, including source protection and confidentiality, is imperative for law enforcement agencies. Failure to do so risks eroding trust in institutions and restricting the flow of essential news and information to the public. 

This is particularly concerning for local newspapers in the United States. Outlets like The Record are becoming scarce, making it harder for them to fulfill their crucial role of holding governments accountable.

The Coalition For Women In Journalism expresses its solidarity with the Marion County Record which serves as a prominent source of local news, playing a vital role in holding authorities accountable and informing the community. Scrutinizing and addressing actions that hinder the newspaper's ability to operate freely and independently is crucial to safeguarding the principles of a free press and preserving the democratic fabric underpinning society. We stand in solidarity with the paper and its staff as they seek answers from law enforcement and challenge the legality of the raid on their newsroom.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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