A federal judge has blocked the government from searching data obtained in a raid last week on the home of Washington Post journalist Hannah Natanson.
The Standstill Order granted by Porter specifically says that the government must “preserve but ... not review” the materials obtained in the raid while litigation on the matter moves forward.
An additional motion filed by Natanson and The Washington Post called on the court to order the government to return Natanson’s seized materials. Oral arguments on this motion will be held Feb. 6, with the court holding off on any intervention until then.
The brief order contains no discussions of the case’s merits or arguments, which will be delayed until after the Feb. 6 hearing.
Federal authorities say the search warrant was part of an investigation into a national security leak.
Aurelio Perez-Lugones, a government contractor with top secret security clearance, is at the center of the investigation. According to the FBI, Perez-Lugones is believed to have brought classified information from his job to his home.
The raid on Natanson was related to this leak, though additional details on the nature of the information have not been provided.
First Amendment Concerns
Meanwhile, critics of the move—including The Washington Post—say that the unprecedented raid represents a major threat to First Amendment protections related to freedom of speech and freedom of the press.“The federal government’s wholesale seizure of a reporter’s confidential news-gathering materials violates the Constitution’s protections for free speech and a free press and should not be allowed to stand,” The Washington Post wrote. “It ... flouts the First Amendment and ignores federal statutory safeguards for journalists. The seizure chills speech, cripples reporting, and inflicts irreparable harm every day the government keeps its hands on protected materials.”
Privacy Protection Act
Under the Privacy Protection Act of 1980, specific procedures are mandated for obtaining notes, communications, and other work-related data from journalists, requiring that these materials be obtained via a subpoena related to an ongoing criminal investigation.Subpoenas can also be challenged in court before being executed, in contrast to a search warrant, which is generally only able to be challenged after the fact.
The Privacy Protection Act prohibits the use of standard search warrants as grounds for such a raid.
The bill was passed specifically to overturn a 1978 Supreme Court ruling in Zurcher v. Stanford Daily. In that instance, police had raided a newsroom with a standard search warrant, which the Supreme Court ruled lawful.
Congress, disapproving of the ruling, passed the Privacy Protection Act to make it more difficult for the government to obtain journalistic materials.
The Washington Post cited the statute in its filing, writing that returning the materials is justified as “much of it is protected by the Privacy Protection Act.”
The DOJ has been given until Jan. 28 to file a response to the suit.





