City of Clarksdale Silences Newspaper Editorial Amidst Libel Lawsuit
On February 13th, 2023, a Mississippi court granted a temporary restraining order forcing the Clarksdale Press Register to remove an editorial from its website, the latest development in a libel lawsuit filed by the City of Clarksdale.
The lawsuit, filed unanimously by the city’s four commissioners, alleges that the newspaper’s February 8th editorial, titled "Secrecy, Deception Erode Public Trust," contained false and defamatory statements about the city’s handling of a meeting to discuss a new tax.
The Editorial’s Allegations
The editorial claimed that the mayor and commissioners had failed to properly inform the media about the meeting, which was held to discuss a resolution requesting state authorization for a two-percent tax on alcohol, marijuana, and tobacco. The editorial stated that the public was not notified of the meeting until after the resolution had been sent to the Mississippi Legislature.
The City’s Response
The city denies the allegations, stating that the meeting was open to the public and properly advertised as required by law. According to City Attorney Melvin Miller II, the meeting was also posted on the mayor’s Facebook page.
The Libel Lawsuit
The city’s lawsuit alleges that the editorial contained false and defamatory statements that have damaged the reputations of the commissioners and the city as a whole. The lawsuit specifically points to the editorial’s suggestion that the commissioners received "kick-back" or sought personal gain from the proposed tax increase.
The Temporary Restraining Order
On Tuesday, Chancery Court of Hinds County Judge Crystal Wise Martin granted the city’s petition for a temporary restraining order, ordering the newspaper to remove the editorial from its website. The order noted the potential for "immediate and irreparable injury" to the city and its officials if the editorial remained accessible.
A Hearing on a Preliminary Injunction
A hearing on the city’s request for a preliminary injunction, which would extend the order indefinitely, has been scheduled for February 27th.
Reactions to the Order
The Foundation for Individual Rights and Expression (FIRE), a nonprofit organization dedicated to protecting First Amendment rights, has condemned the order as unconstitutional. FIRE attorney Adam Steinbaugh argues that the government cannot determine what opinions may be shared in the public square.
Clarksdale Press Register’s Response
The Clarksdale Press Register has not yet commented on the court order.
Conclusion
The temporary restraining order against the Clarksdale Press Register raises concerns about the potential suppression of free speech and the public’s right to access information. The upcoming hearing on the preliminary injunction will be a critical moment in determining the outcome of the libel lawsuit and the ability of the newspaper to continue publishing its opinions without fear of legal repercussions.
