Law enforcement officers in Kansas raided the office of a local newspaper and a journalist’s home on Friday, prompting outrage over what First Amendment experts are calling a likely violation of federal law.

The police department in Marion, Kansas — a town of about 2,000 — raided the Marion County Record under a search warrant signed by a county judge. Officers confiscated computers, cellphones, reporting materials and other items essential to the weekly paper’s operations.

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    Local authorities said they were investigating the newsroom for “identity theft,” according to the warrant. The raid was linked to alleged violations of a local restaurant owner’s privacy, when journalists obtained information about her driving record.

    Oberlander said exceptions to the Privacy Protection Act are “important but very limited.” One such exception allows authorities to raid a newsroom if the journalists themselves are suspected to be involved in the crime at hand. In a statement sent to NPR, Marion Police Chief Gideon Cody cited this exception to justify his department’s raid of the Marion County Record.

    However

    Several media law experts told NPR the raid appears to be a violation of federal law, which protects journalists from this type of action.

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      Meyer, the Marion County Record’s publisher, said local restaurateur Kari Newell accused the paper of illegally obtaining drunk-driving records about her.

      But the paper, Meyer said, received this information about Newell from a separate source, independently verified it on the Kansas Department of Revenue’s Division of Vehicles website — and decided not to publish it. The paper instead opted to notify local police.

      Here’s their justification - they found out about a business owner’s drunk driving records, and told the police. The police decided this was “identity theft”.

    • IntrovertedEO@sh.itjust.works
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      11 months ago

      A bit of cherry picking there

      But Oberlander said that exception doesn’t apply when the alleged crime is connected to newsgathering — which appears to be the case in Marion.