Two Kansas leaders want you to know they support free speech, despite police shredding it in Marion

A protester holds a copy of the U.S. Constitution. Kansas Gov. Laura Kelly and Senate President Ty Masterson have spoken up for free speech after the one-year anniversary of the Marion newspaper raid. (Justin Sullivan/Getty Images)

It’s a free speech miracle.

Or something close to one, at least. In the week after my scathing column about the lack of reaction from Kansas political leaders to the one-anniversary of the raid on the Marion County Record , I heard back from Republican Senate President Ty Masterson and Democratic Gov. Laura Kelly . Both wanted to reassure Kansans of their commitment to the First Amendment.

Count me relieved, although mildly irritated that it took a public shaming to reach this point.

Masterson was first, telling me: “I am a strong proponent of upholding our constitutional liberties, which includes freedom of the press. Our system can’t function honestly without it. When government tries to interfere with the right to speak, worship, assemble, or report what government is doing, the result is never good.”

Kelly added her two cents, saying: “The 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 their jobs without being unjustly attacked or targeted.”

It’s important to note that I had contacted both Masterson and Kelly’s offices late Thursday, Aug. 8, for a column that appeared Sunday, Aug. 11. That’s not particularly short notice for public officials to comment on matters of public interest. Indeed, it was enough time for Kansas Bureau of Investigation director Toni Mattivi’s office to send over a worthwhile quote.

But we should be glad that both Kelly and Masterson finally saw the light and stood up for our state and nation’s constitutions . At a minimum.

You might wonder why I’m once again writing about the Marion raid, with this being my third column in as many weeks. Let me explain.

Our country and state have survived and thrived thanks to a complex interweaving of actors and institutions. Among them are elected leaders, law enforcement, and members of the news media. They have established certain norms of behavior. One of those norms is that newsrooms shouldn’t be raided for gathering news. Another is that if journalists ask in good faith for public officials’ reactions to events, they will receive the courtesy of a response.

Our institutions on both the state and national level have been sorely tested in recent years. The chilling harassment of the Marion County Record  was certainly one of those tests. So is the special prosecutors’ weak-willed response to policing local law enforcement and the KBI in their report.

Having public officials go on the record in defense of the First Amendment helps reassure Kansas that their leaders value the rights that we all enjoy. This is what distressed me so much earlier, when I only heard back from Mattivi, and it heartens me — at least a smidge — to hear from Masterson and Kelly.

We should therefore also note the two people who have still not responded. Those would be House Speaker Dan Hawkins and Kansas Attorney General Kris Kobach .

Hawkins has made no secret of his partisan brawler status, showing up at town halls to regurgitate untruths about Medicaid expansion. He also told Rep. Mari-Lynn Poskin, a Leawood Democrat, that her proposed resolution supporting a free press was “anti-law enforcement” and blocked it, according to Poskin. (In their recent Marion series , Kansas Reflector editor Sherman Smith and independent journalist Marisa Kabas pointed out the House easily passed resolutions supporting Israel, Taiwan and St. Patrick’s Day.)

It should concern us all that a top Kansas legislative leader won’t advocate for the First Amendment when given the opportunity.

It also says much about Kobach’s priorities. His office for more than a year has been sitting on a complaint from Smith about open records violations at Emporia State University . Although required by law to investigate, the AG’s office hasn’t provided an update in the case since December, despite Smith’s requests last week for an update. Kobach is responsible for investigating Kansas Open Records Act complaints, but his office’s delay in addressing Smith’s complaint — and its lack of response to my question — suggests that he simply doesn’t care about a free press.

No, instead, he apparently cares more about attacking transgender people and barring DACA recipients from receiving health insurance . 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 Americans may well be stretched by political rancor. They may well be frayed under the direction of leaders more interested in partisan warfare than sensible policy. But these bonds only break if we let them.

Repairing and strengthening them? That takes all of us, rededicating ourselves to founding principles one step at a time.

However reluctantly, Masterson and Kelly have shown the way.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here .