Mississippi City Drops Lawsuit Against Newspaper Following National Outcry

Metropolis officers from Clarksdale, Mississippi, are dropping a lawsuit in opposition to an area newspaper following nationwide outcry over their claims that primary reporting and opinion journalism amounted to libel.

Earlier this month, The Clarksdale Press Register published an editorial blasting metropolis officers for conducting enterprise in secrecy. With out public discover or direct notifications to native media, metropolis commissioners had held a gathering and superior a measure to boost taxes on alcohol, tobacco and marijuana.

The newspaper’s editorial board agreed with the proposal, however condemned the town for advancing the measure with out transparency.

“Why did the Metropolis of Clarksdale fail to go to the general public with particulars about this concept earlier than it despatched a decision to the Mississippi Legislature searching for a two-percent tax on alcohol, marijuana and tobacco?” the editorial board wrote, including that the town commissioners “stumped their toe” on the matter and “made us suspicious” of their actions.

In response to the paper’s editorial, the town sought an injunction on the article, and state Decide Crystal Sensible Martin ordered The Press Register to delete the editorial from its web site — a rare transfer that many press freedom advocates mentioned was a violation of the First Modification.

“It’s laborious to think about a extra unconstitutional order than one compelling a newspaper to take down an editorial important of the federal government,” said Seth Sterns, director of advocacy for the Freedom of the Press Basis.

Following the ruling, the town deliberate to sue the paper for libel. Nevertheless, the city reversed course this week, probably attributable to an outpouring of assist for the paper from free press advocates and the general public. U.S. caselaw on libel has additionally established that, whereas public figures can sue publications (if they will show {that a} false assertion was made with precise malice), governments cannot do so.

The choice to drop the lawsuit got here in a vote on Monday by metropolis commissioners. The board additionally voted to name on Martin to reverse her order and to permit the paper to republish the editorial on-line.

Wyatt Emmerich, president of Emmerich Newspapers, which owns The Press Register, celebrated the motion.

“It’s nonetheless very, very incorrect what they did and it woke up all the First Modification neighborhood nationally, which could be very encouraging,” Emmerich said. “I’m actually excited to see how all these folks rallied round us to guard our rights.”

Basis for Particular person Rights and Expression (FIRE) legal professional David Rubin additionally heralded the town’s reversal, however famous that their earlier actions warranted continued examination.

“Whereas we’re relieved the town has voted to drop its vindictive lawsuit, it doesn’t unring this bell,” Rubin said. “The Press Register is exploring its choices to make sure that the town refrains from blatantly unconstitutional censorship sooner or later.”

Josh Bleisch, one other legal professional at FIRE, condemned the town’s actions, warning of the impression that assaults on political speech might have on on a regular basis People.

“If asking whether or not a politician is likely to be corrupt was libel, just about each American could be bankrupt,” Bleish said. “For good cause, courts have lengthy held that political speech about authorities officers deserves the widest latitude and the strongest safety underneath the First Modification. That’s true from the White Home all the way in which all the way down to your native councilman.”