A Mississippi judge lifted an order requiring The Clarksdale Press Register to remove an editorial that criticized city officials for not notifying the media about a tax increase vote. The decision followed Clarksdale city officials’ vote to abandon their libel lawsuit against the newspaper, which had sparked national outrage and was deemed a violation of the First Amendment. The editorial, published in February, suggested ulterior motives behind the tax proposal. City officials acknowledged a mistake in their approach, aiming for transparency instead. The case’s resolution was hailed as a victory for press freedom by advocacy groups and legal experts.
On Wednesday, a judge in Mississippi rescinded an order that had compelled a newspaper to take down an editorial from its website, bringing to a close a case that garnered national attention from press freedom advocates who deemed the order a significant infringement on First Amendment rights.
Judge Crystal Wise Martin of the Hinds County Chancery Court vacated the order after city officials in Clarksdale opted earlier this week to discontinue their libel lawsuit against The Clarksdale Press Register.
Wyatt Emmerich, president of Emmerich Newspapers, which owns The Press Register, announced on Thursday his intention to republish the editorial that had become the focal point of the case.
“As I cautioned them, it backfired and sparked a national uproar,” he stated. “It brought embarrassment to the city, prompting them to acknowledge the mistake they made.”
The editorial, which was first published on February 8 under the headline “Secrecy, deception erode public trust,” criticized city officials for their failure to inform the media prior to voting for a tax increase in the Mississippi Legislature. It implied that they may have expedited the proposal simply for the sake of “wanting a few nights in Jackson to advocate for this idea — at public expense.”
On February 14, Clarksdale city officials filed a libel suit against The Press Register, claiming that the editorial “chilled and hindered” the mayor’s ability to advocate for the legislation in Jackson, the state’s capital.
On February 18, Judge Martin approved the city’s request for a temporary restraining order, mandating that the newspaper remove the editorial from its website.
“The harm in this case constitutes defamation against public figures through actual malice in reckless disregard of the truth and disrupts their legitimate role in advocating for legislation they believe could benefit their municipality during this legislative cycle,” she wrote.
Press freedom organizations strongly condemned the order, labeling it a clear breach of free speech rights. The National Press Club, for example, pointed out that court rulings have established that “the government cannot silence a newspaper simply because it dislikes what has been published.”
On Monday, Clarksdale officials voted to withdraw their lawsuit. Mayor Chuck Espy mentioned that the city decided to change its stance after Mr. Emmerich proposed publishing a “clarification” to acknowledge that some wording in the editorial could be interpreted as unclear.
“We aren’t here to clash with the newspaper,” Mr. Espy stated. “Our goal is simply to have the truth published, whether it’s favorable or not. That’s all we’ve requested.”
Mr. Emmerich conveyed that he had initially suggested a clarification to dissuade the city from proceeding with a lawsuit, but that offer “was rescinded and they understood that.”
David Rubin, an attorney with the Foundation for Individual Rights and Expression, a legal advocacy organization representing The Press Register, commented in a statement that the conclusion of the case represented a significant triumph.
“The ramifications of this case extend beyond a single Mississippi town attempting to censor its main newspaper,” Mr. Rubin stated. “If the government is permitted to secure a court order silencing mere inquiries about its actions, the First Amendment rights of all Americans may be at risk.”