by Achoti Tamar August 14, 2023
On Friday August 11, 2023 Officers raided the home of publisher Eric Meyer, who lived with his 98-year-old mother, Joan as well as the homeowner's Press/Newspaper Office in response to an alleged identity theft of a restaurant operator who engaged in a dispute with the newspaper. Law enforcement claimed that the seizure of computers, and reporters' personal cell phones was part of an ongoing investigation. Marion police defended the raid by pointing to a loophole in federal law designed to protect freedom of the press.
Joan Meyer became overwhelmed by the stress of the raid and passed away. An attorney for the Institute for Justice, a libertarian law firm Jared McClain said “It appears like the police department is trying to criminalize protected speech in an attempt to sidestep federal law,..The First Amendment ensures that publications like the Marion County Record can investigate public officials without fear of reprisal. It chills the important function of journalism when police raid a newsroom, storm the homes of reporters, seize their property and gain access to their confidential sources. That’s precisely why we must hold accountable officers who retaliate against people who exercise their First Amendment rights.”
The Marion Police Department posted a statement on Facebook acknowledging the Privacy Protection Act designed to protect journalist from searches. Marion police stated the law does not protect individuals suspected of engaging in criminal activity.
The individual that accused the Marion County Record newspaper is Kari Newell, who owns a restaurant in Marion and was trying to obtain a liquor license. Apparently Marion County Record editor received information about Newell's drunk driving record from a confidential source. Meyer did not run the story, instead Meyer notified the police of Newell attempt to obtain a liquor license despite having a criminal record. Marion police notified Newell and in turn obtained a search warrant from Magistrate Judge Laura Viar, for evidence of identity theft
and criminal use of a computer.
Meyer said, “all the law enforcement officers on duty in Marion County, Kansas, descended on our offices today and seized our server and computers and personal cellphones of staff members all because of a story we didn’t publish.”
Shannon Jankowski, PEN America’s journalism and disinformation program director, said “Journalists rely on confidential sources to report on matters of vital public concern...Law enforcement’s sweeping raid on the Marion County Record and confiscation of its equipment almost certainly violates federal law and puts the paper’s very ability to publish the news in jeopardy. Such egregious attempts to interfere with news reporting cannot go unchecked in a democracy.”
Max Kautsch, president of the Kansas Coalition for Open Government, said if there were evidence to justify an exemption to federal law protecting journalists from searches, it would be identified in the affidavit that supports the search warrant.
Kansas Reflector on Friday petitioned Marion County District Court for a copy of the affidavit. The court has 10 days to provide the document or deny the request.
“There is no reason for that information to be withheld,” Kautsch said. “Once the public has an opportunity to look at the search warrant application, it can decide for itself whether the search was justified, rather than take the word of the agency that executed the search.”
It was also reported that Joan Meyer, Meyer's mother, was in good health before the raid.
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