In the second public records lawsuit against Gov. Bill Lee's administration in a matter of weeks, Nashville Post journalist Stephen Elliott says that the administration's claim of a "deliberative process privilege" to keep secret a consultant's reports during the COVID-19 pandemic has no basis in state law.
Nonprofit online news organization MLK50 in Memphis has told a federal judge overseeing a consent decree against the city that the city has violated its journalists' First Amendment rights and the court order by repeatedly refusing to add its editors to the city's media advisory list. The city of Memphis has refused to add MLK50 founder and editor Wendi Thomas to the media advisory list after taking her off in 2019. The city has complained she is not "objective" when it comes to her coverage of the mayor. In a letter written on May 4, attorney Paul McAdoo told U.S. District Judge Jon P. McCalla that the city of Memphis [...]
The Memphis Shelby Crime Commission has released records about its funding of the Memphis Police Department a year after a public records lawsuit. Wendi Thomas, founder of MLK50: Justice Through Journalism, sued the Memphis Shelby Crime Commission over access to its records. Wendi Thomas, founder of MLK50: Justice Through Journalism, and The Marshall Project argued that the crime commission was the "functional equivalent" of government because of its significant role in funding police and directing public safety policy in Memphis. Under Tennessee's "functional equivalent doctrine," a government entity cannot avoid disclosure under the state's Public Records Act by delegating its responsibilities to a private entity. Tennessee courts have used the [...]
The Reporters Committee for Freedom of the Press, the Tennessee Association of Broadcasters, the Thomas Jefferson Center for the Protection of Free Expression and the University of Virginia School of Law First Amendment Clinic have file an amicus brief with the Tennessee Supreme Court, arguing that a lower court's ruling went too far in saying law enforcement had the right to keep from public view a broad swath of police records. The case, The Tennessean et al. v. Metropolitan Government of Nashville and Davidson County, started after the newspaper requested to see certain police records about a reported sexual assault in a Vanderbilt University dorm room. A trial court ruled that [...]