FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org
OCT. 4 LETTER
The New England First Amendment Coalition and more than 50 national press groups wrote to the U.S. Department of Justice today demanding information about the raid of a Florida journalist’s home.
The FBI raided the home newsroom of journalist Tim Burke in May after he obtained outtakes of Tucker Carlson’s interview with Ye (formerly known as Kanye West) where Ye made antisemitic and other offensive remarks. The investigation, according to court filings, involves alleged violations of the Computer Fraud and Abuse Act and a federal wiretapping law.
In a letter drafted by the Freedom of the Press Foundation, NEFAC and others explained that:
There is significant public interest in Burke’s case. That interest is compounded by the nationwide outrage following the August police raid of the Marion County Record based on allegations of computer crimes by its reporters. Given these and other investigations, journalists around the country are left uncertain about whether they could be prosecuted for acts of routine journalism on the mistaken grounds that they violated state or federal computer crime laws.
The Computer Fraud and Abuse Act is the federal anti-hacking law that prohibits unauthorized access to a computer. But Burke says he got the outtakes from websites where Fox News uploaded unencrypted live streams to URLs anyone could access, using publicly accessible login credentials.
The public does not know exactly why prosecutors believe Burke broke the law because the government fought successfully to keep the affidavit supporting the search warrant sealed from public view and authorities have not issued any meaningful public comment.
In addition to the lack of transparency, the letter takes issue with prosecutors’ arguments that Burke is not actually a journalist, in part because he did not work for an established news outlet at the time he obtained the outtakes. Burke has a long history in journalism. In addition to his reporting on the Manti Te’o hoax, Burke was also behind the widely circulated 2018 video compilation showing dozens of Sinclair Broadcasting Group anchors reciting the same script.
But even putting aside Burke’s background, the letter explains that “Courts have rightly warned against limiting the First Amendment’s press clause to established media outlets — a warning that is especially important as technological advances give rise to new forms of journalism while traditional news outlets close their doors at alarming rates.”
The organizations behind the letter raise concern — and demand answers — regarding whether the government’s apparent belief that Burke was not a journalist led it to eschew procedures for searches of journalists’ newsgathering materials required under the federal Privacy Protection Act of 1980 and the DOJ’s own policies. Those policies were revised last year to better protect journalists’ rights.
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, advocacy letters and statements can be found here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
Leadership Circle donors include the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, the Society of Professional Journalists Foundation, Genie Gannett for the First Amendment Museum, Linda Pizzuti Henry, the Champa Charitable Foundation Fund, Connecticut Public and WBUR-Boston.