This is the Amendment I want to explore most. Recently in the news, there has been articles written about a newspaper in Kansas that was raided by the local police despite this amendment. This is a locally owned and operated newspaper that produces news about the area it serves. The police came into the newsroom and confiscated computers, files, articles, cell phones, etc. as well as raiding the home of one of the newspaper journalists without concern about the rights of this paper and its operatives. There are many who are extremely concerned about this flagrant violation of First Amendment rights.
Newsroom raids are rare in the United States, said Lynn Oberlander, a First Amendment attorney.
"It's very rare because it's illegal," Oberlander said. "It doesn't happen very often because most organizations understand that it's illegal."
Several media law experts told NPR the raid appears to be a violation of federal law, which protects journalists from this type of action. The Privacy Protection Act of 1980 broadly prohibits law enforcement officials from searching for or seizing information from reporters.
Oberlander said exceptions to the Privacy Protection Act are "important but very limited."
One such exception allows authorities to raid a newsroom if the journalists themselves are suspected to be involved in the crime at hand. In a statement sent to NPR, Marion Police Chief Gideon Cody cited this exception to justify his department's raid of the Marion County Record.
"It is true that in most cases, [the Privacy Protection Act] 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," Cody said.
But Oberlander said that exception doesn't apply when the alleged crime is connected to newsgathering — which appears to be the case in Marion.
"It raises concern for me," Oberlander said. "It normalizes something that shouldn't be happening — that Congress has said should not happen, that the First Amendment says should not happen."
Ken White, a First Amendment litigator, said police raids of newsrooms used to be more common in the U.S., which led Congress to bolster federal protections against such searches.
White said the police raid of the Marion County Record could also be a violation of the Fourth Amendment, which protects people from "unreasonable" searches and seizures by the government. The search warrant in Marion, signed by county magistrate judge Laura Viar on Friday morning, allowed officers to confiscate a wide range of items, from computers and hardware to reporting documents.
"It's an abuse of power by the police and it's a serious dereliction of duty by the judge who signed off on it," White said." Source: A police raid of a Kansas newsroom raises alarms about violations of press freedom
The Amendments to the Constitution are changes or additions to the original document. There are 27 ratified amendments. They range from the First Amendment, which guarantees freedoms like speech and religion, to the 27th, which deals with congressional salaries.
Why Were They Written?
The framers of the Constitution designed it to be amendable to ensure it could adapt and change as the country grew. They recognized that the original document wasn't perfect and that future generations would need to make adjustments.
What Do They Mean?
Let’s break down a few key amendments:
First Amendment: Protects freedom of speech, religion, press, assembly, and petition. It is foundational to American values of individual liberty and democracy.
Second Amendment: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This amendment is a significant point of debate today regarding gun control.
Thirteenth Amendment: Abolished slavery and involuntary servitude, except as punishment for a crime. This was a monumental step towards civil rights in America.
Nineteenth Amendment: Granted women the right to vote, marking a significant expansion of democracy in the U.S.
How Are They Interpreted Today?
The interpretation of the Amendments to the Constitution is often a point of contention. For example, the Second Amendment is at the heart of the contemporary debate on gun control. Some argue it protects an individual’s right to own guns, while others believe it refers to the collective right of a well-regulated militia.
The Amendments to the Constitution are not just historical artifacts; they are vibrant, living parts of our national identity. They have corrected some of the original document's shortcomings (such as the abolition of slavery and the granting of suffrage to women and minorities) and have adapted to address new issues (such as presidential term limits).
So, if we read and understand all of this, we have to agree that this is a blight on our forefathers and a danger to our democracy. I know, I for one, don't want to live in a country that controls the news media and all the internet posts. That would be living in a dictatorship and the last time I looked, we were not one.
The Amendments to the Constitution are a testament to the foresight of the framers and the enduring strength of the American democratic system. They allow the Constitution to remain relevant and responsive to the needs of a changing nation. As we move forward, it is crucial for every citizen to understand these amendments, as they shape our rights, our laws, and our society.
The United States Constitution is a living, breathing document that has shaped the nation since its inception in 1787. Central to its adaptability are the Amendments to the Constitution, which have allowed it to evolve with the changing times.
We previously touched on this issue when we explored the book banning that is going on. You can read that post here, Censorship vs. Education: What does it mean to us as a nation?
Here are links to some more articles about this issue:
- Kansas newspaper says it investigated local police chief prior to newsroom raid
- Small Kansas paper raided by police has a history of hard-hitting reporting
- Kansas judge who signed off on ‘Gestapo-style’ raid on small-town newspaper has two DUIs
- A raid on a Kansas newspaper likely broke the law, experts say. But which one?
- Judge who approved raid on Kansas newspaper has history of DUI arrests