A Mississippi judge rescinded her directive to a local newspaper to take down an editorial criticizing city officials after a lawsuit prompting the order was abandoned by the city.
The judicial mandate had been heavily criticized by advocates for free speech, who saw it as a blatant infringement on the newspaperโs First Amendment rights.
Judge Crystal Wise Martin had initially issued a restraining order against the Clarksdale Press Register, compelling the removal of a February 8 editorial titled โSecrecy, Deception Erode Public Trust.โ The editorial pointed out the cityโs failure to notify the paper about a meeting concerning a proposed tax on substances like alcohol, marijuana, and tobacco.
The cityโs board of commissioners opted to withdraw the lawsuit on Monday following a suggestion from Mayor Chuck Espy. This decision came after the newspaperโs owner, Wyatt Emmerich, had offered a clarification, although Emmerich later noted that the offer was made prior to the lawsuit and was no longer valid.
Emmerich had proposed clarifying that the councilโs failure to notify the paper about the meeting wasnโt an intentional attempt to conceal it, revealed a text message to the city attorney. The text also mentioned that the editorialโs term โkick-back from the communityโ should have read โpush back.โ
The city had labeled the editorial as libelous, asserting that it hampered the cityโs lobbying efforts with state legislators for the proposed tax. The order received considerable criticism, with detractors like the newspaper and other free speech proponents labeling it as a prime example of prior restraint, violating the First Amendment.
Numerous press organizations and free speech advocates nationally, such as the National Press Club and the Reporters Committee for Freedom of the Press, voiced their discontent over the order. Moreover, the Foundation for Individual Rights and Expression had pledged legal support to the newspaper in the ensuing court battle.