Chuck Espy – Media Nation

The Mississippi judge who ordered a newspaper to remove an editorial from its website has reversed herself. But this is hardly a victory for freedom of the press.

Judge Crystal Wise Martin rescinded her temporary restraining order after the owner of The Clarksdale Press Register and the board of commissioners in that city agreed to settle a dispute that had resulted in a libel suit being filed. The commissioners agreed to drop the suit while Wyatt Emmerich, president of Emmerich Newspapers, said the paper will publish a less incendiary version of the editorial, according to Michael Levenson of The New York Times (gift link).

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That does not change the reality that Judge Martin leaped in to help city officials by censoring the newspaper, even though the First Amendment protects libelous materials from being subjected to prior restraint. Libel can, of course, be punished after the fact through a civil suit, although government agencies cannot sue for libel.

The editorial, headlined “Secrecy, Deception Erode Public Trust,” took city officials to task “for not sending the newspaper notice about a meeting the City Council held regarding a proposed tax on alcohol, marijuana and tobacco.”

Continue reading “In Mississippi, a censorious order is lifted, but questions remain; plus, press solidarity, and good news from GBH”

Judge Crystal Wise Martin is sworn in by her mother, retired Judge Patricia Wise, in 2019. Photo via the Mississippi Office of the Courts.

In 1971, after a federal court stopped The New York Times from publishing the Pentagon Papers, the government’s secret history of the Vietnam War, the Supreme Court was so alarmed at that naked act of censorship that it took up the case in a matter of weeks. On a 6-3 vote, the court ruled that the Times, The Washington Post, The Boston Globe and others could resume publishing, though they might face prosecution for revealing classified information. (They didn’t.)

In 1979, after a small magazine in Wisconsin called The Progressive said it intended to publish an article revealing some details about how to manufacture an atomic bomb, a federal judge stepped in and said no — but so agonized over his censorious act that he all but begged the magazine and the government to reach a compromise.

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Then there’s Judge Crystal Wise Martin of Mississippi. On Wednesday, Martin issued a temporary restraining order requiring The Clarksdale Press Register to take down an editorial from its website. According to Andrew DeMillo of The Associated Press, the editorial, headlined “Secrecy, Deception Erode Public Trust,” took city officials to task “for not sending the newspaper notice about a meeting the City Council held regarding a proposed tax on alcohol, marijuana and tobacco.”

The city had sued the Press Register, claiming that the editorial was libelous and that it “chilled and hindered” the council’s work. Mayor Chuck Espy was quoted in the AP story as saying the editorial had unfairly implied that officials had violated the law. He cited a section of the editorial that asked, “Have commissioners or the mayor gotten kick-back [see update below] from the community?”

Continue reading “In Mississippi, a shocking case of censorship. Plus, the AP ponders a lawsuit, and good news in Texas”