City officials from Clarksdale, Mississippi, are dropping a lawsuit against a local newspaper following nationwide outcry over their claims that basic reporting and opinion journalism amounted to libel.
Earlier this month, The Clarksdale Press Register published an editorial blasting city officials for conducting business in secrecy. Without public notice or direct notifications to local media, city commissioners had held a meeting and advanced a measure to raise taxes on alcohol, tobacco and marijuana.
The newspaper’s editorial board agreed with the proposal, but condemned the city for advancing the measure without transparency.
“Why did the City of Clarksdale fail to go to the public with details about this idea before it sent a resolution to the Mississippi Legislature seeking a two-percent tax on alcohol, marijuana and tobacco?” the editorial board wrote, adding that the city commissioners “stumped their toe” on the matter and “made us suspicious” of their actions.
In response to the paper’s editorial, the city sought an injunction on the article, and state Judge Crystal Wise Martin ordered The Press Register to delete the editorial from its website — an extraordinary move that many press freedom advocates said was a violation of the First Amendment.
“It’s hard to imagine a more unconstitutional order than one compelling a newspaper to take down an editorial critical of the government,” said Seth Sterns, director of advocacy for the Freedom of the Press Foundation.
Following the ruling, the city planned to sue the paper for libel. However, the city reversed course this week, likely due to an outpouring of support for the paper from free press advocates and the public. U.S. caselaw on libel has also established that, while public figures can sue publications (if they can prove that a false statement was made with actual malice), governments cannot do so.
The decision to drop the lawsuit came in a vote on Monday by city commissioners. The board also voted to call on Martin to reverse her order and to allow the paper to republish the editorial online.
Wyatt Emmerich, president of Emmerich Newspapers, which owns The Press Register, celebrated the action.
“It’s still very, very wrong what they did and it awakened the entire First Amendment community nationally, which is very encouraging,” Emmerich said. “I’m really excited to see how all these people rallied around us to protect our rights.”
Foundation for Individual Rights and Expression (FIRE) attorney David Rubin also heralded the city’s reversal, but noted that their previous actions warranted continued examination.
“While we are relieved the city has voted to drop its vindictive lawsuit, it doesn’t unring this bell,” Rubin said. “The Press Register is exploring its options to ensure that the city refrains from blatantly unconstitutional censorship in the future.”
Josh Bleisch, another attorney at FIRE, condemned the city’s actions, warning of the impact that attacks on political speech could have on everyday Americans.
“If asking whether a politician might be corrupt was libel, virtually every American would be bankrupt,” Bleish said. “For good reason, courts have long held that political speech about government officials deserves the widest latitude and the strongest protection under the First Amendment. That’s true from the White House all the way down to your local councilman.”
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