Monday, August 14, 2023

The Hammer And The Nail

This is only a First Amendment case because of a federal law (rightly) protecting news outlets.

The real constitutional issue here is the 4th amendment search without, according to reports, an affidavit being filed.  That and the “evidence” for the search, and the seizure of so much property on the grounds of an “identity theft” allegation when the information the paper had (but didn’t publish) was public record.

The paper contacted the police department about the information they’d been given. Might the police more reasonably made an appointment to review that information? 

And what does this have to do with the police chief dragging allegations of sexual abuse from his prior job which he hadn’t disclosed as the reason he lost that job. The newspaper had that story, too, but hadn’t published it, either.

Any even First Amendment adjacent issues here are entirely overshadowed by the 4th amendment issues.

Adding:

This gets it right:
The law provides protection to media based in the First Amendment, but as this letter points out, the primary issues here are matters if search and seizure. That’s a very BIG problem.

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