It is a miracle of freedom of speech.
Or at least something close to it. The week after my scathing article about the lack of response from Kansas political leaders on the anniversary of the Marion County Record raid, I heard a response from Republican Senate President Ty Masterson and Democratic Gov. Laura Kelly, both seeking to reassure Kansas residents of their commitment to the First Amendment.
I am relieved, even if a little annoyed, that it took a public exposure to get to this point.
Masterson was the first to tell me, “I am a strong supporter of preserving our constitutional freedoms, which include freedom of the press. Without it, our system cannot function honestly. When the government tries to impinge on the right to free speech, worship, assembly, or report on government activities, the result is never good.”
Kelly added her two cents, saying, “Freedom of the press is a fundamental element of American democracy and local journalism is an invaluable part of Kansas communities. The media should be able to do its job without being unjustly attacked or targeted.”
It’s important to note that late on Thursday, August 8, I had contacted both Masterson’s and Kelly’s offices for a column that was to appear on Sunday, August 11. That’s not a particularly short deadline for public officials to comment on matters of public interest. In fact, it was enough time for the office of Toni Mattivi, the director of the Kansas Bureau of Investigation, to provide a worthwhile quote.
But we should be glad that both Kelly and Masterson finally saw the truth and stood up for the constitutions of our state and nation. At the very least.
You may be wondering why I’m writing about the Marion raid again, even though this is my third column in as many weeks. Let me explain.
Our country and our state have survived and thrived thanks to a complex network of actors and institutions, including elected officials, law enforcement, and members of the news media. They have established certain norms of behavior. One of those norms is that newsrooms should not be raided for news gathering. Another is that when journalists ask in good faith about public officials’ reactions to events, they will politely receive a response.
Our institutions at the state and national level have been severely tested in recent years. The appalling harassment of the Marion County Record was certainly one of those tests. The same goes for the weak-willed response of the special prosecutors to the surveillance of local law enforcement and the KBI in their report.
Having public officials publicly support the First Amendment helps Kansas know that politicians value the rights we all enjoy. That’s what worried me so much earlier when I only got a response from Mattivi, and it’s encouraging – at least a little – to hear from Masterson and Kelly.
We should also mention the two people who have not yet responded: Speaker of the House Dan Hawkins and Kansas Attorney General Kris Kobach.
Hawkins has made no secret of his status as a partisan bully, showing up at town hall meetings to spread falsehoods about Medicaid expansion. He also told Rep. Mari-Lynn Poskin, a Democrat from Leawood, that her proposed resolution supporting a free press was “anti-law enforcement,” and blocked it, Poskin said. (In their recent Marion series, Kansas Reflector editor Sherman Smith and independent journalist Marisa Kabas pointed out that the House easily passed resolutions supporting Israel, Taiwan and St. Patrick’s Day.)
It should concern us all that a leader in the Kansas Legislature does not stand up for the First Amendment when given the opportunity.
It also says a lot about Kobach’s priorities. His office has had a complaint from Smith about Open Records Act violations at Emporia State University for over a year. Although the attorney general’s office is required by law to investigate the case, it has not provided an update on the case since December, despite Smith’s request last week. Kobach is responsible for investigating complaints under the Kansas Open Records Act, but his office’s delay in processing Smith’s complaint — and lack of response to my question — suggests he simply doesn’t care about the free press.
No, instead he seems more concerned with attacking transgender people and denying health insurance to DACA recipients. Why worry about the boring old Constitution when you can stoke the fires of bigotry instead?
The institutions that bind us together as Kansans and as Americans may well be tested by political rancor. They may fray under the leadership of politicians more interested in partisan politics than in sound policy. But those bonds will only break if we allow them to.
To repair and strengthen it? To do this, we all need to rededicate ourselves, step by step, to the founding principles.
Although reluctantly, Masterson and Kelly have shown the way.
Clay Wirestone is the opinion editor of the Kansas Reflector. The Kansas Reflector’s opinion section seeks to amplify the voices of people affected by public policy or excluded from public debate. Information, including the ability to submit your own comments, can be found here.
