Mississippi Judge’s Order Against Newspaper Sparks First Amendment Outcry

CLARKSDALE, Miss. — A Mississippi judge’s order requiring a local newspaper to remove an editorial criticizing city leaders has drawn sharp condemnation from press advocates, who label it one of the most severe violations of First Amendment rights in recent years.

On Tuesday, Hinds County Chancellor Crystal Wise Martin issued a temporary restraining order against the Clarksdale Press Register, following a lawsuit from Clarksdale Mayor Chuck Espy and the Board of Commissioners. The order came without a hearing for the news outlet, which had published a Feb. 8 editorial titled “Secrecy, Deception Erode Public Trust.”

The editorial criticized the city for failing to notify the newspaper about a meeting regarding a proposed tax on alcohol, marijuana, and tobacco, which raised questions about transparency in local governance.

As of Thursday morning, the Press Register had complied with the order, removing the editorial from its website. However, newspaper owner Wyatt Emmerich declared his intention to challenge the judge’s decision in court, calling the order “absolutely astounding.”

“There wasn’t a hearing over this or anything,” Emmerich told Mississippi Today. “We haven’t even been served with process.”

The city’s legal action claims the editorial is “libelous” and alleges it poses a threat of “immediate and irreparable injury” to Clarksdale. The petition argues that the editorial implies deceptive motives behind the lack of meeting notice and could damage the city’s reputation.

“(The editorial’s) statements could be reasonably understood as declaring or implying that the ‘deceptive’ reason he was not given notice of the meeting is provable through someone in the community willing to reveal promises made by the Board members in exchange for votes or in the process of time,” the city’s petition reads.

The controversy arises from a special-called meeting held by the Board of Commissioners. Mississippi law mandates that public bodies post notice of special meetings in a public place and on their website at least one hour prior to the meeting. Additionally, the law requires email notifications to media outlets and citizens on a distribution list.

City clerk Laketha Covington filed an affidavit affirming she posted the meeting notice at City Hall. However, she acknowledged her oversight in sending email notifications, attributing it to a simple mistake rather than intentional malfeasance.

Charlie Mitchell, an attorney and assistant professor at the University of Mississippi‘s School of Journalism and New Media, expressed deep concern over the judge’s ruling. “There are so many issues with the judge’s order that I don’t even know where to start,” he stated. “Government bodies are defamation-proof and always have been.”

Mitchell highlighted the First Amendment’s protection of editorial expression, asserting that restraint can only occur under rare circumstances involving immediate and irreparable public risk, such as safeguarding confidential informants.

For decades, courts at both state and federal levels have recognized the right of news outlets to criticize government actions through editorials as protected speech. This incident represents one of several recent efforts to silence local news organizations.

In 2023, a Kansas police department infamously raided a newspaper’s office and the home of its owner, alleging identity theft related to reporting on a local business owner’s driving record. The police chief involved was later investigated for obstruction of justice.

Layne Bruce, executive director of the Mississippi Press Association, expressed solidarity with the Press Register, condemning the judge’s order as a clear overreach. “This is an egregious overreach that runs counter to First Amendment rights,” Bruce stated.

The judge has scheduled a full hearing for the case on Feb. 27 at 9:30 a.m.