zlacker

>>_delir+(OP)
> The search warrant, signed by Marion County District Court Magistrate Judge Laura Viar, appears to violate federal law that provides protections against searching and seizing materials from journalists.

Wow, unreal that she could approve such a warrant. Even in the absence of a federal statute it seems like a crazy step to take.

>>wyldfi+X3
Does the federal law apply to local government?

>>teduna+N5
The applicability of this particular statute (42 USC § 2000aa) - as with most of the Federal government's power - hinges on this clause: "...in or affecting interstate or foreign commerce..."

It seems plausible that the paper might report on things that relate to or impact neighboring states.

But like I said - even if the statute weren't there - what's wrong with calling them up and asking them to surrender whatever they're searching for under subpoena instead? Especially for the purported crime of "identity theft"?!

>>wyldfi+n6
"in or affecting interstate or foreign commerce" was intentionally chosen, to ensure that the law falls under an allowed power of congress but also is exceptionally broad in applicability due to previous supreme court decisions.

E.g. Wickard v. Filburn, held that a farmer harvesting a small quantity of his own wheat and eating it affected interstate commerce, because the farmer did not consume other wheat available in interstate commerce.

Just about anything commercial affects interstate commerce by this definition.