A Mississippi judge ordered a newspaper to remove an editorial criticizing the mayor and city leaders after the officials sued, sparking complaints from press advocates that it violates the First Amendment.
Chancery Judge Crystal Wise Martin issued the restraining order against the Clarksdale Press Register on Tuesday in connection with a Feb. 8 editorial titled “Secrecy, Deception Erode Public Trust.” The piece criticized the city for not sending the newspaper notice about a meeting the City Council held regarding a proposed tax on alcohol, marijuana and tobacco.
“I think it’s dangerous that a judge would issue a temporary restraining order without a hearing,” said Wyatt Emmerich, president of the paper’s parent company, Emmerich Newspapers. “We’ll fight it and see where it goes.”
The city’s lawsuit called the editorial libelous and said it “chilled and hindered” the city’s efforts to lobby for the tax with state legislators.
The editorial was no longer available on the newspaper’s website by Wednesday afternoon. Martin scheduled a Feb. 27 hearing in the case.
Mayor Chuck Espy said the editorial unfairly implied that the city had broken the law with its meeting and cited another portion that questioned, “Have commissioners or the mayor gotten kick-backs from the community?”
“We’re all for the press doing their job. We’re all for as much transparency as possible,” he said. “Just tell the truth. I don’t think that’s too much to ask for.”
Clarksdale is about 71 miles (115 kilometers) south of Memphis. The order drew complaints from press advocates in Mississippi and nationwide.
“This is a rather astounding order and we feel it is egregious and chilling,” said Layne Bruce, executive director of the Mississippi Press Association. “It clearly runs afoul of the First Amendment and we fully support the Press Register’s right to report and offer commentary on the business of Clarksdale’s city government.”
Lisa Zycherman, vice president of legal programs at the Reporters Committee for Freedom of the Press, said the order “constitutes censorship and is unquestionably a serious First Amendment violation.”
There have been other attempts to silence news outlets in recent years. In 2023, a Kansas police department raided a newspaper’s office and the home of its owner and publisher after claiming the paper and a reporter potentially committed identity theft and other computer crimes in obtaining and verifying information about a local business owner’s driving record. The raid was later investigated and the former police chief who led it was charged last year with obstruction of justice.