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Police raid newspaper & home of 98 year old owner who then dies

Plausible.

But not proven.


He said, apparently oblivious to the fact that the very first subheader after the intro section plainly states: "In split ruling, Court rejects constitutional privilege for reporters."
Actually, it doesn't. Read the entire article. It explains when privilege is granted and when there is reason not to do so,
Or maybe it's you, because your own link says they have no special constitutional protections beyond those of anyone else. Perhaps you could cite the bit that you think singles out reporters for special rights?
Not true.

Based on subsequent actions, it appears the process was not followed for the warrant issuance. But that's a state law matter, irrelevant to the question of whether reporter's have special rights under the first amendment.
The fact that the first amendment was violated makes it a federal issue. You are correct in that both exist.

I don't hate the truth. I just don't automatically believe random people on the Internet who make claims that are utterly devoid of supporting material. "Because ColdHardTruth says so" is not supporting evidence.

What I posted is truthful and accurate. That having been said, I respect your stance and I do not blame you for wanting to see more evidence.
 
Actually, it doesn't. Read the entire article. It explains when privilege is granted and when there is reason not to do so,
It does say what I said. I know because I copied and pasted the text directly. It talks about the majority opinion, and discusses what the dissent would have liked to do. The rest of the article discusses state laws and proposed federal statutory modifications. There is no further discussion of constitutional protections for reporters above and beyond those of everyone else.

Not true.
It is! Please, so we know we're all talking about the same thing, instead of just gainsaying what I write and cite, copy the bit of the article that you think shows reporters have special constitutional rights beyond those of others. While you're at it, you could cite the part of the first amendment you think gives those special rights.

The fact that the first amendment was violated makes it a federal issue. You are correct in that both exist.
You have not established a first amendment violation.

That having been said, I respect your stance and I do not blame you for wanting to see more evidence.
I'm not... I... wait... is agreeing allowed here? 🤗
 
It does say what I said. I know because I copied and pasted the text directly. It talks about the majority opinion, and discusses what the dissent would have liked to do. The rest of the article discusses state laws and proposed federal statutory modifications. There is no further discussion of constitutional protections for reporters above and beyond those of everyone else.


It is! Please, so we know we're all talking about the same thing, instead of just gainsaying what I write and cite, copy the bit of the article that you think shows reporters have special constitutional rights beyond those of others. While you're at it, you could cite the part of the first amendment you think gives those special rights.


You have not established a first amendment violation.
The fact that the raid prevented the paper from publishing is the real violation. Freedom of the press is protected under the first amendment. Because the computers with the story data, layouts, and other information were seized, that paper was unable to publish. Thus, the police violated the first amendment rights of those who owned the paper and its employees.

I'm not... I... wait... is agreeing allowed here? 🤗
 
The fact that the raid prevented the paper from publishing is the real violation.
Their inability to publish was a secondary effect of the warrant's execution. If there were an arrest warrant for the entire printing department and they all got arrested, they would be unable to print. That's not a first amendment violation. Neither is it a first amendment violation to arrest a person with a warrant, thereby preventing them from attending a peaceful assembly. If the paper's printing location was doubling as a meth lab, a police raid on the premises likely would prevent the paper from printing. But this is not a first amendment violation. If there was a first amendment violation, it would be tied to a fourth amendment violation of the right to be free from unreasonable searches and seizures. It would have no relation to a special first amendment protection for reporters (because one doesn't exist).

Freedom of the press is protected under the first amendment.
Of course. But it's a too-long leap across a too-wide chasm to get from the protection of a right to freely print and disseminate written material on one side to special rights for reporters that others do not possess on the other.
 
Of course. But it's a too-long leap across a too-wide chasm to get from the protection of a right to freely print and disseminate written material on one side to special rights for reporters that others do not possess on the other.

Anyone can be a reporter.

Everyone has access to those rights.
 
Anyone can be a reporter.

Everyone has access to those rights.
One doesn't even have to be a reporter to exercise those rights, because the first amendment doesn't say anything about reporters at all, let alone secure special rights for them.
 
One doesn't even have to be a reporter to exercise those rights, because the first amendment doesn't say anything about reporters at all, let alone secure special rights for them.

I think we're saying the same thing.

When i said anyone can be a reporter, I didn't mean anyone can work for a newspaper.

If I have my phone out recording something for a blog, i am essentially a "reporter".

There aren't any special rights for an employee of a newspaper.
 
I think we're saying the same thing.

When i said anyone can be a reporter, I didn't mean anyone can work for a newspaper.

If I have my phone out recording something for a blog, i am essentially a "reporter".

There aren't any special rights for an employee of a newspaper.
We might indeed be saying essentially the same thing. I'm just making the point that reporting isn't anything special, and being or acting as one doesn't get you any additional constitutional protections from someone else who isn't.
 
Small town politics got out of hand, imo.

Hatfields and McCoys went national.
 
We might indeed be saying essentially the same thing. I'm just making the point that reporting isn't anything special, and being or acting as one doesn't get you any additional constitutional protections from someone else who isn't.
Why was the press singled out in 1A if it is just free speech?
 
Why was the press singled out in 1A if it is just free speech?
Because it isn't. The first amendment protects freedom of speech for the spoken word and freedom of the press for the printed word.

"The press" in the first amendment is not referring to journalists. It refers to the printing press.
 
Because it isn't. The first amendment protects freedom of speech for the spoken word and freedom of the press for the printed word.

"The press" in the first amendment is not referring to journalists. It refers to the printing press.
Printing presses are commercial in nature, and predominately used by journalists.
Yea, they’re covered under the 1A.
 
Freedom of the press is part of free speech.
No, it isn't. That's implied by the fact that they are both mentioned. Freedom of speech applies to the spoken word. Freedom of the press applies to the written word. Although newspapers are protected by the freedom of the press, that protection is not intended for journalists exclusively.
 
The first amendment doesn’t protect a corporate business from investigation when they break the law
Would you be saying that if the search warrant were to have been served on one of the branches of "Trump Intergalactic Megalithic Holdings INC." and the computers have had material that could possibly have been sort of related to the possibility that someone (either management or not) might have done something that could potentially have been illegal?

Of course you wouldn't. You'd be screaming about the "Commie Fassist Libruls and there Gestafo Storm Trippers" (or something like that).
 
It was a news organization, which is covered under the first amendment. Freedom of the press is protected. The judge who signed the warrant will likely be disbarred.
Judges do not have to be members of the bar. They don't have to have law degrees. In fact they don't even have to have graduated from high school (or even middle school).
 
A probable cause affidavit is needed to secure a search warrant.
A request has been made for this affidavit and the court has issued a signed statement saying no affidavit is on file.
Fear naught! There will be.

MinTru is working right this minute to ensure that the records accurately reflect what they are supposed to reflect.

You can expect something along the lines of

"We apologize for our earlier statement about there being no affidavit on file. When it was brought to our attention that the court file for this particular warrant, we conducted a diligent search of all files that had been processed on or about that date and discovered that the relevant affidavit had been inadvertently filed in an incorrect folder. We how have the affidavit and will be quite happy to produce it once you obtain a court order for us to do so. Unfortunately the court calendar is rather full at the moment, but we think that we can squeeze your application for such a court order in sometime in or around February 29, 2025."​

Or am I just being cynical again?
 
If so, then the search may well have been illegal. But not because it was executed against journalists.
Umm. Since the police officers were in possession of an apparently valid search warrant, the search was not an illegal act on the part of the police officers who were "acting under color of right".

Admittedly any evidence obtained as a result of the search is supposed to be inadmissible, but if the police, prosecutor, and judge are "Republicans" and the accused is a "Democrat" that might not be what the court finds.

On the other hand - if the police, prosecutor, and judge were "Democrats" and the accused was a "Republican" that might not be what the court finds either.

Now doesn't that make you feel all warm and fuzzy?
 
From what little sleuthing I have done on this, Kansas does require a written affidavit of probable cause or sworn testimony to be submitted to a judge or magistrate in order to issue a search warrant. In the case of oral testimony there are requirements that it be immediately transcribed by a certified shorthand reporter and made part of the application for the search warrant.


SOURCE

It appears the magistrate and chief and other officers just found themselves on the receiving end of a civil rights lawsuit.
Ummm - you do know that dead people can't sue for violations of their civil rights (or for any other reason, for that matter).
I wonder if the publisher will go after their qualified immunity and how much the taxes are going to go up in order to pay the judgement.
The publisher has to instruct counsel in order to sue. It is well established law that dead people are not competent to instruct counsel (even if they have left written instructions prior to their death and even if counsel is making exactly the application that the deceased would have been making had they not died).

I know this for a fact because I once acted for a person ["A"] whose spouse ["B"] had retained counsel after "A" had obtained an order against "B" in a divorce action and the lawyer ["C"] appeared in court purportedly pursuant to instructions from "B" to have the order set aside. Unbeknownst to "C" (but known to "A" and myself) "B" had been fished out of the river after jumping off a bridge deck that was 289 feet above mean water level the around 36 hours previously. Needless to say "B" was no longer in any condition to instruct counsel.

The application of "C" was called and "C" started making their pitch to have the order vacated.

I let "C" get as far as "This is an application by the Respondent to ..." before rising and informing the court that I had an objection to the hearing of the application.

The judge asked me what the objection was and I replied

"My Lord, my Friend has no instructions to bring this application.​
My Friend is never going to get instructions to bring this application.​
That is because my Friend's client is dead."​

The judge asked "C" if that was true, and "C" had to admit that they didn't know.

The application was summarily dismissed (with leave to bring it on again upon proof that "B" had, in fact, provided instructions to do so [which, of course, never happened]).

"C" never did forgive me for that one.
It also brings up the question that if they violated these peoples rights and caused undue stress to the elderly person, can they be found liable her death the next day due to a heart attack?
OJ Simpson was sued by his deceased wife's family because his actions (more likely than not) violated the civil rights of his wife and by so doing caused his deceased wife's family "distress and suffering".

Does that answer your question?

Look for a really quick settlement (without admission of liability) of this one.
 
The judge would have issued the warrant based upon probable cause provided by the same police who executed the warrant.
Not necessarily. Most search warrants authorize ANY peace officer (or equivalent term) to execute the warrant.
There probable cause is the key.
It always is. The "safest" thing to do with a "bogus" search warrant is make sure that you aren't both the person obtaining it and the person executing it.
 
What story?

If it is true then they should.

Not if they were being calm and just conducting themselves in a peaceful manner. 98 is pretty old.
There is a principle in law known as "The Thin Skull Rule". What that means is that even if what was done wouldn't have caused even the slightest harm to anyone else, that fact does not vitiate the fact that it did harm to the "Thin Skull" person.

However, the fact that the acts of the police would not have caused harm to an ordinary person may well mitigate the damages somewhat (assuming that the person to whom the damage was done directly is still alive). However, having your father/grandfather die is not something that is likely to be so mitigated because that would affect even the healthiest of people.
Depends on what they were looking for and what the seized material contains.

If it was in the Search Warrant then it was not unlawfully seized.
If the search warrant was not lawfully issued, then it doesn't matter what they seized or whether what they seized was included in the search warrant because an unlawfully issued search warrant is void ab initio. However, the people who executed the search warrant may have a personal defence of "color of right" if they had no reason to suspect that the search warrant was unlawfully issued
 
This doesn't make a lot of sense... but it could have happened... seems like a raid is massive overreach which is why there might be something else.

There is no federally recognized privilege to keep confidential sources confidential.
The rule is "Don't piss off Sheriff Bubba Rightwing."
 
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