Marion Country Record’s offices unlawfully searched in 2023, Reporter Zorn threatened by police chief

Location: United States, Marion County
Date: February 13, 2024

Women Press Freedom stands in unwavering solidarity with Phyllis Zorn, a reporter for the Marion County Record, who has filed a federal lawsuit against her hometown and several local officials. The lawsuit stems from a police raid on the newspaper's office and the home of Publisher Eric Meyer and co-owner Joan Meyer in August 2023. We urge the courts to rule decisively in Phyllis Zorn's favor, recognizing the severe breach of her First Amendment rights to freedom of the press and speech, as well as her Fourth Amendment protection against unreasonable searches. A favorable ruling will not only provide justice for Phyllis Zorn but will also send a strong message that such violations of press freedom and retaliatory actions against journalists will not be tolerated.

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Phyllis Zorn, a reporter for the Marion County Record, filed a federal lawsuit on February 13, 2024, against her hometown and several local officials, claiming that a police raid on the newspaper last year, as documented by Women Press Freedom, caused her significant physical and mental health issues.

Zorn is seeking $950,000 in damages from the city of Marion, its former mayor, its former police chief, its current interim police chief, the Marion County Commission, the county sheriff, and a former sheriff's deputy. The lawsuit accuses them of being "co-conspirators" who violated her First Amendment rights to freedom of press and speech, as well as her Fourth Amendment protection against unreasonable searches.

The lawsuit stems from an unlawful police raid on August 11, 2023, of the offices of the Marion County Record and the homes of Publisher Eric Meyer and co-woner Joan Meyers. Authorities seized various equipment and personal cellphones during the raid. At the time, then-Police Chief Gideon Cody claimed the investigation was related to allegations that the newspaper had unlawfully accessed a local restaurant owner's state driving record.

The search warrant executed by the Marion Police Department and Marion County sheriff’s deputies on the Marion County Record's office stemmed from allegations of unauthorized computer use and identity theft. These charges were linked to the newspaper’s investigation into Kari Newell, a local restaurant owner, and her past DUI conviction and driving record. The raid was conducted within two hours of the warrant being issued by a Marion County District Court magistrate judge. During the operation, staff were directed to vacate the premises, and several pieces of equipment were seized.

The Record, however, uncovered body camera footage from the raid, which shows that former Police Chief Cody and his officers were aware that the information about Newell was provided by one of her former friends. Despite this knowledge, the police proceeded with the raid.

In the footage, Chief Cody is heard discussing with Record staff the source of the information. “We’re pretty confident we know that [the former friend] delivered it,” Cody tells Zorn. Zorn then describes how she accessed and verified the document using a computer connected to the state Department of Revenue website, explicitly stating that her cellphone was not involved in the process.

Despite Zorn's clarification, Chief Cody ordered the seizure of her personal cellphone and that of reporter Deb Gruver, neither of which were specified in the search warrant. In addition to the cellphones, law enforcement also confiscated three of the Record’s computers and equipment from the paper’s co-owners’ home, Including 98-year-old Joan Meyers. Meyers died the day after the search. 

Zorn’s lawsuit alleges that Cody was angered by the newspaper's investigation into his background prior to his appointment as Marion's police chief in May 2023. The lawsuit also suggests that Zorn was targeted by Cody after she dismissed his suggestion to start a rival newspaper, placing her on his "enemies list."

Women Press Freedom expresses deep concern over the alarming trend of police harassment targeting journalists and news organizations in North America, as highlighted by the recent federal lawsuit filed by Phyllis Zorn. Women Press Freedom calls for immediate and decisive action to address this issue. We urge the courts to rule in favor of Phyllis Zorn, recognizing the violation of her First and Fourth Amendment rights and the retaliatory nature of the raid. Such a ruling would serve as a powerful affirmation of the legal protections afforded to journalists and a stern warning to those who would seek to undermine press freedom through intimidation and unlawful actions. Moreover, we call on legislators and policymakers to implement stronger safeguards to prevent similar incidents in the future. This includes clearer legal standards for search warrants involving news organizations, enhanced oversight of law enforcement actions affecting the press, and robust mechanisms for accountability when abuses occur.

Women Press Freedom is an initiative by The Coalition For Women In Journalism

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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