NICK GOSNELL
Hutch Post
TOPEKA — Democrat State Rep. Jason Probst of Hutchinson joined House Minority Leader Vic Miller of Topeka in a press conference Tuesday afternoon at the Statehouse to open up the discussion on warrant policy after the raid on a newspaper publisher and his mother in Marion County, Kansas earlier this month.
"The legislation that will be drafted is designed to say, search warrants have to be signed by a District Court judge and not by a magistrate judge," Probst said. "Part of our motivation for that is to, mostly just to keep a conversation going about what we ought to be thinking about and what needs to happen and hopefully generate some more ideas. Neither Vic nor I feel like this is the answer to the problem, but we think it's a first step in keeping a conversation going about what sort of things we ought to be looking at to make sure we're protecting the free press."
"Anybody that saw the video could see how distressed she was," Probst said. "They were not only in her house, but they were going through things that had no relevance to anything that could be connected to an investigation. It was completely beyond the pale."
Probst, a former editor at the Hutchinson News, does understand that sometimes journalists have to defend their work, but there's a procedure that should be followed to do that.
"There would be some court challenge to getting information, or finding out about our sources or stopping a story, there was never a search warrant involved, it was always a subpoena," Probst said. "Then, we had an opportunity to bring an attorney in, our attorney, to challenge the subpoena and explain why there was an interest in protecting the source, or protecting the information, or going ahead with the story. We always had an opportunity to make those arguments in an open court in front of a judge, not through a search warrant that allowed the authorities to come in and start taking equipment and going through it on their own."
The important piece is to be able to have that discussion in the open air, because there is a reason that the First Amendment is First in the Constitution.
"The press has a specific protection in the Constitution," Probst said. "Clearly it was a very important concept to the framers of our country, that this was critical to the functioning of our democracy. The other thing is that I've always viewed the press largely as an extension of the public. If the press's rights are threatened by powerful institutions, then the public's rights are likewise threatened by those same institutions."
The Kansas Legislature does not gavel in again until January.