Session of 2024
House Resolution No. 6032
By Representatives Poskin, Highberger, Alcala, Amyx, Ballard, Buehler, Butler,
Carlin, Carmichael, Carr, Clifford, Collins, Curtis, Dodson, Droge, Fairchild,
Featherston, Goddard, Haskins, Haswood, Hougland, Howe, Hoye, Martinez,
McDonald, Melton, Meyer, D. Miller, S. Miller, V. Miller, Neighbor, Ohaebosim,
Oropeza, Osman, Ousley, Probst, S. Ruiz, Sawyer Clayton, Schlingensiepen,
Stogsdill, Waggoner, Weigel, Winn, Woodard and Xu
1-23

1 A RESOLUTION affirming the Kansas house of representatives'
2 unwavering support for free press in the state of Kansas and directing
3 the attorney general to make a report to the body concerning the
4 Colorado bureau of investigation's inquiry regarding the extent to
5 which the civil rights of any Kansan were violated when certain search
6 warrants were executed in Marion, Kansas, on August 11, 2023.
7
8 WHEREAS, Journalism is a pillar of democracy, and free press is
9 protected by the First Amendment to the Constitution of the United
10 States; and
11 WHEREAS, Section 11 of the Kansas Bill of Rights, enshrined in the
12 Kansas Constitution, declares, "The liberty of the press shall be
13 inviolate"; and
14 WHEREAS, As defined by K.S.A. 2023 Supp. 60-480(a), a journalist
15 is a publisher, editor, reporter or other person employed by a newspaper,
16 magazine, news wire service, television station or radio station who
17 gathers, receives or process information for communication to the public.
18 The same statute also states that a journalist can be defined as an online
19 journal in the regular business of newsgathering and disseminating news
20 or information to the public; and
21 WHEREAS, Journalists are important participants in democracy and,
22 increasingly, a vital source of local news and educational information
23 within their communities; and
24 WHEREAS, Journalists create historical records and provide an
25 important service to the community; and
26 WHEREAS, Journalists in Kansas, including those at the Marion
27 County Record in Marion, Kansas, have faced retaliation for exercising
28 their constitutional rights in the course of publishing facts about
29 important matters and those of public concern; and
30 WHEREAS, On August 11, 2023, law enforcement agencies, led by
31 the Marion Police Department, executed search warrants on the Marion
32 County Record, the home of its publisher, Eric Meyer, where he lived
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1 with his 98-year-old mother, Joan Meyer, and the home of then-city
2 commission member Ruth Herbel; and
3 WHEREAS, On August 12, 2023, Joan Meyer, who was present when
4 authorities executed the search warrant the previous day, died by cardiac
5 arrest after being, according to an article published by the Marion County
6 Record, "stressed beyond her limits and overwhelmed by hours of shock
7 and grief" in the aftermath of the intrusion into her residence; and
8 WHEREAS, On August 16, 2023, the Marion County Attorney
9 withdrew the search warrants and authorized the return of seized items
10 because, according to a news release made by Marion County Attorney
11 Joel Ensey, "insufficient evidence exists to establish a legally sufficient
12 nexus between this alleged crime and the places searched and the items
13 seized"; and
14 WHEREAS, None of the people whose homes or businesses were
15 searched on August 11, 2023, have been charged with any criminal
16 offense; and
17 WHEREAS, The Colorado Bureau of Investigation, at the request of
18 the State of Kansas, has opened an investigation on the circumstances
19 surrounding the August 11 searches; and
20 WHEREAS, The Congress of the United States has enacted the
21 Privacy Protection Act of 1980 (PPA), codified at 42 U.S.C. § 2000aa et
22 seq., which generally requires the government to issue subpoenas to
23 journalists before subjecting them to search warrants; and
24 WHEREAS, The PPA provides that, absent certain narrow and
25 enumerated exceptions, it shall be unlawful for a government officer or
26 employee, in connection with the investigation or prosecution of a
27 criminal offense, to search for or seize any work product materials or
28 documentary materials, as defined by the PPA, that are in the possession
29 of a journalist; and
30 WHEREAS, Searching for or seizing any journalistic work product or
31 documentary materials, as defined by the PPA, without first issuing
32 subpoenas contravenes the tenets of the First Amendment and the basis of
33 a free and informed society, for it undermines the role of journalism in
34 encouraging engaged, civic-minded, critical thinkers: Now, therefore,
35 Be it resolved by the House of Representatives of the State of Kansas:
36 That we hereby affirm our unwavering support for the free press in the
37 state of Kansas; and
38 Be it further resolved: The we direct the attorney general to make a
39 report to the body concerning the Colorado Bureau of Investigation's
40 inquiry regarding the extent to which the civil rights of any Kansan were
41 violated when certain search warrants were executed in Marion, Kansas,
42 on August 11, 2023; and
43 Be it further resolved: That the Chief Clerk of the House of
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1 Representatives shall send an enrolled copy of this resolution to
2 Executive Director of the Kansas Association of Broadcasters, Allison
3 Mazzei, Executive Director of the Kansas Press Association, Emily
4 Bradbury, Editor and Publisher of the Marion County Record, Eric Meyer
5 and Representatives Poskin and Highberger.