by TChris

The Associated Press and The Hattiesburg American have sued the U.S. Marshals office as a result of the decision by U.S. Deputy Marshal Melanie Rube to seize and erase recordings of a speech given by recording-phobic Supreme Court Justice Antonin Scalia. TalkLeft's coverage of the issue is here and here.

The lawsuit, filed in U.S. District Court in Jackson, seeks an order to prohibit the Marshals Service from seizing recording devices from reporters involved in the gathering of news. It also asks for guarantees to keep the federal agency from erasing tapes regardless of whether the seizure is lawful or not.

In essence, Luther Munford, an attorney representing the Hattiesburg American and The Associated Press, said in a prepared statement that the news organizations are seeking "a judgment that tells the U.S. Marshals Service and, in effect, other law enforcement agencies, not to do this again."

The lawsuit contends that the Marshals violated the First, Fourth and Fifth Amendments to the Constitution, as well as the federal Privacy Protection Act of 1980. The president of Gannett Company's newspaper division, which owns the American, explains that somebody needs to police the police.

"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," Watson said. "An apology or a hollow commitment to study the issue will not suffice nor serve as a meaningful deterrent to prevent any repeat performances," he said.

As Associated Press assistant general counsel Dave Tomlin said: "People who enforce the law should know what the law is, and especially the basic law that says citizens can't be shaken down by their own government."