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this post was submitted on 30 Sep 2023
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Mayor needs to go next along with judge who signed the fucking unconstitutional warrant.
You could like, read the article. No need to be obtuse.
Read it, and the warrants.
Why don't you break it down? Simple question.
News organizations are typically issued seapenas for specific information because just raiding them and going through everything can reveal sources for unrelated stories. News organizations should have the ability to protect confidential sources if needed. Reason people are saying unconstitutional is because first amendment protects speech and freedom of press.
At least that's how I understand it but I am not a lawyer.
I'm looking for something hyper specific, legal. Thanks for taking a whack.
I think the usual case involves information from a confidential source, the publication of which by the press is absolutely protected by the First Amendment.
In this case, it was a newspaper reporter who directly was accused of breaking the law to obtain confidential information from the government. The reporter either falsely impersonated the subject of the records or falsely certified as to her reason for accessing them, either violates state and federal law notably the Computer Fraud and Abuse Act, which is what the search warrant cited.
The press's remedy for obtaining public records is through FOIA, which is itself a requirement of the First Amendment, on the basis that speech is infringed when the government doesn't make its workings known to the public.
The search warrant made sense to me, and seemed that, if true, the only reasonable conclusion is that the reporter broke the law.