U.S. v. Burke

Court: U.S. District Court for the Middle District of Florida

Date Filed: June 27, 2025

Background: In February 2024, Timothy Burke was indicted on 14 charges under federal computer crime and wiretapping statutes in part for allegedly accessing video footage online. 

In May 2025, Burke filed a motion to dismiss the Wiretap Act charges, alleging in part that his prosecution is unconstitutional because he obtained the footage from a website configured to be publicly accessible, which falls under the “readily accessible” exemption in the act. Burke argues that to prosecute someone under the Wiretap Act, the government must allege and prove at trial that the system accessed was not configured to be publicly accessible, rather than the burden being on the defendant to prove that the exemption applies. 

The U.S. District Court for the Middle District of Florida invited friend-of-the-court briefs to address questions about the arguments set forth in Burke’s motion. 

Our Position: In a friend-of-the-court brief in support of Burke’s motion to dismiss, the Reporters Committee for Freedom of the Press argues that the readily accessible exemption is an essential element of a crime under the Wiretap Act. The government’s argument to the contrary, if accepted, “could pose a significant threat to public interest newsgathering and reporting,” the brief states.

• The risks for journalists were the government’s legal theory here credited are far from hypothetical.

• The danger of the government’s legal theory for journalists supports treating the readily-accessible exception as an essential element of the offense under the relevant caselaw.

From the Brief: “Were [the readily accessible exemption] merely an affirmative defense — placing the burden on the journalist or news organization to undergo the expense and burden of trial to vindicate the legality of the newsgathering — it would transform the Wiretap Act into a potent tool for the government to chill or suppress reporting that it perceives as critical or unfavorable.”

Related: Burke previously asked the U.S. Court of Appeals for the Eleventh Circuit to unseal the search warrant and return his property seized in connection with the investigation that resulted in these charges. In January 2024, after the federal government cited the Florida reporter’s privilege law to suggest that Burke may not be a “professional journalist” in opposing his motion, the Reporters Committee filed a friend-of-the-court brief in support of neither party, urging the appeals court to apply a functional understanding of “journalist.” 

The court dismissed Burke’s appeal, citing a lack of jurisdiction.

Update: On Sept. 25, 2025, U.S. District Judge Kathryn Kimball Mizelle dismissed the Wiretap Act charges against Burke, concluding that they raise “serious First Amendment concerns.” The judge’s 37-page ruling cited arguments made by the Reporters Committee in its friend-of-the-court brief.