Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Federal prosecutors have abandoned their effort to appeal a ruling that dismissed half the criminal charges against Tampa media consultant Tim Burke. This decision comes nearly a year after a federal judge first threw out those charges, and it marks a significant moment in a closely watched case involving press freedom and the internet.

Background on the Case

Burke, a well known communications consultant who has worked with clients including HBO and ESPN, was indicted in 2024 on 14 charges related to his access and publication of unaired network television footage found online. Among the videos was unaired Fox News footage of an interview Tucker Carlson conducted with the rapper Ye, formerly known as Kanye West, in which Ye made antisemitic remarks that never aired publicly. Burke later sold the footage to Vice News.

Prosecutors alleged Burke used compromised login credentials to access video streams through LiveU, a service used by broadcasters. Burke’s defense has consistently maintained that he accessed the material through a publicly available website and that his conduct amounted to journalism protected by the First Amendment.

The Dismissal and Appeal

U.S. District Judge Kathryn Kimball Mizelle threw out seven of the charges last year, all brought under the federal Wiretap Act. She found the statute unconstitutional as applied to Burke’s conduct. Prosecutors initially signaled they would appeal that ruling to the Eleventh Circuit Court of Appeals. This week, however, Assistant U.S. Attorney David P. Rhodes filed a brief notice with the court stating the government would no longer pursue that appeal.

What Happens Next

The case now returns to the district court in Tampa, where Burke still faces the remaining charges, including conspiracy and unauthorized access to a protected computer, most of which are misdemeanors. Prosecutors could proceed to trial on those charges or seek a new indictment designed to address the First Amendment problems identified by the court.

Burke’s attorney, Michael Maddux of the Law Office of Michael P. Maddux, P.A., says the defense will continue to press the First Amendment issues at the heart of the case.

“We continue to assert he has legitimate defenses and legitimate First Amendment rights that he was exercising in the sphere of the internet,” Maddux said. If you are facing federal charges involving First Amendment issues, our office can help.

Source: Tampa Bay Times