Mississippi judge orders paper to take down criticism of city officials

• A Mississippi judge ordered a paper to take down an editorial criticizing a city’s decision to schedule a special session to approve a tax increase. They say the city didn’t inform the media.

• The City of Clarksdale filed a defamation lawsuit against the newspaper. The city claims the editorial exhibited actual malice and interfered with their legislative advocacy.

• The 1931 U.S. Supreme Court case Near v. Minnesota ruled that prior restraint on a news publication is unconstitutional.

---

Full Story

A judge in Mississippi has ordered a newspaper to take down an article criticizing a local city’s decision. The city scheduled a special session to approve a state request to increase taxes without telling the media.

The Clarksdale Press Register published its editorial “Secrecy, deception erode public trust” on Feb. 8. The entry starts by supporting the sentiment behind the city’s resolution asking the state to approve a “sin tax” to fund law enforcement.

“Your Clarksdale Press Register will be the first to say that a sin tax that would pay police to fight crime in Clarksdale is a good idea,” editors wrote.

The editorial, which was taken down, goes on to question the lack of transparency from city officials for calling a special hearing to approve the resolution. While the Press Register notes that the meeting information was posted at City Hall, the paper challenges that “appropriate notice” was given to any local media outlets as it said the city would.

The paper took issue with the apparently nebulous wording of the resolution. They write, “The money – our money – can now be spent to ‘support and promote public safety, crime prevention and continued economic growth in the city.’ Does that mean the fire department, 911, Chamber of Commerce and their pet projects?”

On Tuesday, Feb. 18, the City of Clarksdale filed a defamation lawsuit against the paper in Hinds County, more than two hours south of Clarksdale and the location of Coahoma County’s courthouse. That’s according to documents obtained by the Foundation for Individual Rights and Expression. Hinds County Chancellor Crystal Wise Martin granted a temporary injunction ordering the entry’s removal. 

“The injury in this case is defamation against public figures through actual malice in reckless disregard of the truth and interferes with their legitimate function to advocate for legislation they believe would help their municipality in the current legislative cycle,” Wise Martin wrote.

In Near v. Minnesota, the U.S. Supreme Court ruled in 1931 that prior restraint on a news publication is unconstitutional. 

“The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct,” the justices wrote.

Neither the Press Register nor the city responded to a request for comment in time for publication. City Attorney Melvin D. Miller II told WREG, “The City touts this as a victory for truth. Not even newspapers can imply lies against City officials conducting city business and get away with it.”