Clarksdale, Mississippi (ECWd) –
A few days ago, a Mississippi Judge signed a restraining order which ordered the Clarksdale Press Register to remove an editorial from its online locations, because the city of Clarksdale had filed a defamation suit against the newspaper in relation to the editorial.
The editorial criticized the Mayor and council members for holding a meeting about imposing a tax on marijuana, alcohol, and tobacco products without alerting the media ahead of time. The city claimed the editorial “chilled and hindered” their ability to lobby the state for these taxes.
The judge stated the injury to the public officials was defamation with actual malice that would interfere with their legitimate function of advocating for legislation.
A hearing for a preliminary injunction is scheduled for February 27, 2025.
FIRE has published a statement on this restraining order.
The Restraining Order can be found on X (here or below).
The Editorial can be found on the “WayBackMachine“.
Restraining Order Mississippi
5 Comments
Kathiann
Posted at 10:39h, 22 FebruaryObviously this judge needs a course in the Constitution. I think another editorial on his behavior is warranted. Let’s see how that goes.
Not Going to Visit Clarksdale Crybabies
Posted at 23:02h, 21 FebruaryWhat a bunch of crybabies at the city of Clarksdale. The editorial was in favor of “sin” taxes but the reporters were angry that the city ‘leaders’ were to meet in secret and the editorial made sarcastic remarks questioning what else were they hiding. Had the city not planned to meet in secret, they probably would have received an editorial supporting their efforts to get the “sin” taxes they wanted.
Jack Tarleton
Posted at 15:44h, 21 FebruaryIn a democratic republic the government doesn’t get to decide what the press can publish. A person has the right to sue the press if they think they have been libeled, but they don’t have the right to silence the press. Also, a city cannot be defamed because defamation is a personal tort, and cities are not persons. A person within the government, if specifically named, can be defamed, but a public official has a high bar to clear to prove libel or defamation. The right to criticize the government is specifically included in the First Amendment as inviolable.
Dave
Posted at 12:23h, 21 FebruaryFrom the Mississippi state constitution:
ARTICLE 3, SECTION 13. Freedom of speech and press; libel.
The freedom of speech and of the press shall be held sacred; and in all
prosecutions for libel the truth may be given in evidence, and the jury shall
determine the law and the facts under the direction of the court; and if it
shall appear to the jury that the matter charged as libelous is true, and was
published with good motives and for justifiable ends, the party shall be
acquitted.
Dave
Posted at 12:18h, 21 FebruaryThe newspaper needs to stand their ground! FREEDOM OF SPEECH:
All persons may speak, write and publish freely, being
responsible for the abuse of that liberty. In trials for
libel, both civil and criminal, the truth, when published
with good motives and for justifiable ends, shall be a
sufficient defense.