By KIERNAN McCARTY
Tiger Media Network
Last month, Kansas lawmakers introduced House Resolution 6032, affirming the Kansas House of Representatives’ unwavering support for the free press in Kansas.
This resolution states that journalism is a “pillar of Democracy” and that “the First Amendment to the Constitution of the United States protects the right to free press.”
The bill directs the attorney general to make a report to the body concerning the inquiries of the Colorado Bureau of Investigation. This was introduced to the House Committee on Judiciary regarding “the extent to which the civil rights of any Kansan were violated when certain search warrants were executed in Marion, Kansas, on August 11, 2023,” and inquiries of the legalities of a Marion County Record reporter’s use of the Kansas Department of Revenue’s (DOR) website due to a dispute between local business owner Kari Newell – who claims the uncovering of her driver’s record by the Marion County Record was unlawful. The defendants claim no law was broken, as Newell’s driving record is made legally accessible to public record through the DOR.
A house resolution in the State Legislature is not a binding law; however, it expresses the collective sentiment of the House on a particular issue or event.
This resolution requests an action by State Attorney General Merrick Garland to make a statement to answer the question of whose rights, exactly, were violated on August 11, 2023, when the warrants were executed.
In this case, the House Committee on Judiciary is stating that Marion County Record’s use of public information is legally protected under the U.S. Constitution’s First Amendment as well as Section 11 of the Kansas Bill of Rights in the Kansas Constitution, declaring that, “The liberty of the press shall be inviolate.”
This ruling might suggest that the warrants authorized and executed by the Marion County jurisdiction and police department, which resulted in seizures of cell phones, computers and reports from Marion County Record, may have violated the press’s freedoms, as protected by U.S. and Kansas Constitutions.