Further accountability needed in Marion

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Against all odds, the Marion County Record managed to publish an edition of the newspaper the week after the raid on its newsroom last August, despite the seizure of its computers and equipment. AP Photo/John Hanna

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Special prosecutors’ report on Marion raid is too little, too late

Special prosecutors this week finally released their report on last August’s police raid of the Marion County Record. The report recommends criminal charges against former Marion Police Chief Gideon Cody, and clears the Record and its reporters of wrongdoing. It also warns against search warrants and raids of newsrooms, which almost always violate federal law.

We said in a statement that Cody “should’ve been charged with more than after-the-fact obstruction — the raid itself was criminal. And Cody is far from the only one at fault here.” We added that “it should not have taken nearly a year for investigators to reach these extremely obvious conclusions,” including that the Record’s journalists did not break any laws by using a government website to confirm a news tip. We knew that the day of the raid.

Read the full statement here.

Chicago police must respect journalists’ rights at convention protests

As journalists flock to Chicago to cover the Democratic National Convention Aug. 19-22, local police must allow the press to report on what’s happening inside and outside the event — even if tensions escalate.

In a highly politicized election cycle, characterized by the ongoing war in Gaza, protests are likely to be widespread and newsworthy. In an op-ed for the Chicago Sun-Times, we urged Chicago authorities to uphold the First and Fourth amendments and let journalists do their jobs.

As we explained, “The issue isn’t about putting journalists on a pedestal. … When journalists aren’t watching, abuses of peaceful protesters are more likely. The public suffers by being uninformed. The only beneficiaries are officials looking to avoid accountability.

You can read the op-ed here.

Dismissed cases show university should not have arrested journalists

Charges have been dismissed against two Albuquerque journalists who were arrested at the University of New Mexico during a police sweep of a pro-Palestinian encampment in May. Although they no longer face trial, the journalists should never have been arrested.

“By dropping the prosecutions, the UNM Police Department sent a message, albeit belatedly, that journalists can report freely,” we wrote for the Albuquerque Journal. “While they deserve some credit for eventually coming to their senses, next time they need to avoid heading down this path in the first place.”

We also discussed a problematic legal quirk that allows police in New Mexico to prosecute misdemeanor cases without involving actual prosecutors. That allowed police to cut out the local district attorney, whose office had vowed not to prosecute First Amendment activity at protests.

You can read the op-ed here.

Incarcerated journalist speaks out

Jeremy Busby, a journalist incarcerated in Texas, has twice written for Freedom of the Press Foundation (FPF) about the retaliation he has endured for his journalism, including for a recent piece about a bad batch of drugs in prison leading to increases in violence and suicides.

He recently called into the Project Censored Show from prison to discuss his situation. FPF Advocacy Director Seth Stern joined the radio program to discuss the obstacles facing journalists seeking to cover prisons — both from the inside and the outside.

You can listen to the episode here, and learn more about Jeremy and how to help here.

What we’re reading

NYC journalist who documented pro-Palestinian vandalism arrested on felony hate crime charges (Associated Press). Charging a journalist with hate crimes for documenting vandalism by others is outrageous. Different news outlets have cited different accounts from different unnamed police sources. But prosecuting journalists is serious and if the NYPD has evidence the journalist committed an actual hate crime it needs to explain on the record.

Randy Kehler, 80, dies; peace activist inspired release of Pentagon Papers (The New York Times). Freedom of the Press Foundation (FPF) co-founder Daniel Ellsberg was so moved by Kehler’s opposition to the Vietnam War that he decided to leak documents that changed the course of the conflict. “No Randy Kehler, no Pentagon Papers,” he said on many occasions.

Al Jazeera rejects Israeli allegation that slain journalist was Hamas fighter (The Washington Post). Documenting a war isn't terrorism, it's journalism. If Israel can prove Ismail al-Ghoul was working for Hamas’ military, it should do so immediately. If not, this looks like a flimsy excuse for intentionally murdering a journalist from a disfavored outlet.

Louisiana media outlets sue over police buffer law, citing First Amendment violation (NOLA.com). This law prohibiting journalists and others from recording police officers up close is blatantly unconstitutional, as Louisiana's previous governor recognized in vetoing it. Good to hear that it's being challenged.

Judge who authorized Kansas newspaper raid escapes discipline with secret conflicting explanation (Kansas Reflector). Judge Laura Viar, who authorized the warrant to search the Marion County Record, gave investigators an entirely different version of events than the one the police chief and others told. But no matter what her story is, there is no excuse for a judge in the United States thinking it’s acceptable to authorize a raid of a newsroom.

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