https://en.wikipedia.org/wiki/Shield_laws_in_the_United_Stat...
"There is no federal shield law and state shield laws vary in scope."
https://www.mtsu.edu/first-amendment/article/1241/shield-law...
"There is no federal shield law"
Not even former or sitting presidents are protected.
https://www.rcfp.org/privilege-compendium/kansas/#:~:text=Th....
> 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. The law requires law enforcement to subpoena materials instead. Viar didn’t respond to a request to comment for this story or explain why she would authorize a potentially illegal raid.
What the Marion County Record is doing is incredibly vital for their community. I just went to their web page. They currently don't have a fundraiser yet, but I hope they'll start one.
http://marionrecord.com/dispatch/police_raid_newspaper_offic...
Previously she had accused the newspaper of obtaining the information illegally.
http://marionrecord.com/dispatch/restaurateur_accuses_paper_...
There's also a headline from their last week's issue, "Media ejected from open forum" that seems likely to be related. Google's cache of the article is at: https://webcache.googleusercontent.com/search?q=cache:http%3... so I'll give a relevant quote for when that expires:
> Two representatives of the news media were ordered by Marion police chief Gideon Cody to leave a public reception Tuesday for U.S. Rep. Jake LaTurner.
> Cody’s directions came at the behest of Kari Newell, proprietor of Chef’s Plate in Marion’s Historic Elgin Hotel and its coffee shop across the street, Kari’s Kitchen, where the event was taking place.
> Cody said that Newell asked that Record publisher Eric Meyer and Record reporter Phyllis Zorn be evicted before LaTurner arrived.
> Moments before Cody ordered Meyer and Zorn to leave, Newell had told Zorn: “I will not have members of the media in my establishment. You have to leave.”
https://www.uschamber.com/co/run/technology/3-2-1-backup-rul...
[0]: https://www.propublica.org/article/these-judges-can-have-les...
https://www.sccourts.org/summaryCourtBenchBook/HTML/GeneralB....
> (a) Right of action
> A person aggrieved by a search for or seizure of materials in violation of this chapter shall have a civil cause of action for damages for such search or seizure—
> (1) against the United States, against a State which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this chapter, or against any other governmental unit, all of which shall be liable for violations of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and [...]
And https://www.law.cornell.edu/uscode/text/42/2000aa-7
> (c) “Any other governmental unit”, as used in this chapter, includes the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any local government, unit of local government, or any unit of State government.
Your comment brought back memories of growing up in India.
The idea of a "Panchayat" was taught in schools as both an ancient form of local/self governance and a modern answer to effective governance in post partition India. Even Gandhi promoted it as a pillar of India's self-rule.
Basically, village "elders" land up passing judgement on disputes. Most of these people were "respected" but uneducated. Their world views were very narrow.
As can be expected, it wasn't uncommon for their biases to result in "justice" that would be totally unacceptable when viewed through a broader lens.
After decades in the US, to discover that something like this can happen in 21st century USA is really unsettling. I'm having trouble explaining (even to myself) the anguish I feel.
0 - this is as close to absolute immunity as exists in the law. In fact, you could, with a straight face and clean conscience call it absolute immunity.
1 - no, seriously. They can, for instance order an underage girl to be sterilized in an ex-parte hearing and face no consequences. https://en.wikipedia.org/wiki/Stump_v._Sparkman
> From 1979 through 2012, the court overseeing the Foreign Intelligence Surveillance Act has rejected only 11 of the more than 33,900 surveillance applications by the government
> "The FISA system is broken. At the point that a FISA judge can compel the disclosure of millions of phone records of U.S. citizens engaged in only domestic communications, unrelated to the collection of foreign intelligence…there is no longer meaningful judicial review," Mr. Rotenberg said.
Story by the Wall Street Journal https://archive.ph/lafXz
The Marion Kansas Police Department has has several inquiries regarding an ongoing investigation.
As much as I would like to give everyone details on a criminal investigation I cannot. I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.
I appreciate all the assistance from all the State and Local investigators along with the entire judicial process thus far.
Speaking in generalities, the federal Privacy Protection Act, 42 U.S.C. §§ 2000aa-2000aa-12, does protect journalists from most searches of newsrooms by federal and state law enforcement officials. It is true that in most cases, it requires police to use subpoenas, rather than search warrants, to search the premises of journalists unless they themselves are suspects in the offense that is the subject of the search.
The Act requires criminal investigators to get a subpoena instead of a search warrant when seeking “work product materials” and “documentary materials” from the press, except in circumstances, including: (1) when there is reason to believe the journalist is taking part in the underlying wrongdoing.
The Marion Kansas Police Department believes it is the fundamental duty of the police is to ensure the safety, security, and well-being of all members of the public. This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection, and the rule of law for everyone in the community. The victim asks that we do all the law allows to ensure justice is served. The Marion Kansas Police Department will nothing less.
https://www.facebook.com/marionpoliceks/posts/pfbid0cch8ULTS...