By: E&P Staff The U.S. Marshals Service has been accused of violating two Mississippi journalists' Constitutional rights by seizing the reporters' tape recorders last month during a speech by U.S. Supreme Court Justice Antonin Scalia.
The charges were brought in a federal suit filed today by The Associated Press, The Hattiesburg (Miss.) American (
Click for QuikCap), and the reporters, Antoinette Konz and Denise Grones. The American is a Gannett Co., Inc. newspaper.
The suit charges violation of the First, Fourth and Fifth Amendments to the U.S. Constitution, as well as the Privacy Protection Act of 1980.
On April 7, during an appearance by Scalia at a Hattiesburg high school, U.S. Deputy Marshal Melanie Rube seized a tape recorder from Konz and removed the tape. Rube also demanded the surrender of a digital recorder from Denise Grones of the Associated Press. The machines were later returned to the reporters, after Scalia's comments were erased.
The suit names Rube, other unidentified marshals and the Marshals Service.
In addition to damages, the lawsuit seeks an injunction prohibiting Rube and the Marshals Service from seizing and erasing journalists' recordings in any similar situations.
"It is ironic this seizure took place while Justice Scalia was making a speech about preserving the Constitution," said Gary L. Watson, president of Gannett's Newspaper Division. "We're taking this unusual action because the justice system must step in and bring these illegal actions to an immediate halt."
Scalia has apologized for the incident, but Watson added: "Given the federal government's very tough stance on those who violate the law, the Marshals Service and Deputy Rube must be willing to taste their own medicine. An apology or a hollow commitment to study the issue will not suffice nor serve as a meaningful deterrent to prevent any repeat performances."
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