One phenomenon that we’ve noticed since Donald Trump came back into the White House is the reaction to holding government accountable. The old cliché goes that “sunlight is the best disinfectant,” and as the Trump administration pulls down the blackout curtains and wipes the dust off the windows, we’re seeing entrenched bureaucrats and their media accomplices complaining about the glare.
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This isn’t just an issue taking place at the federal level. We’re seeing it in local governments as well. I haven’t been shy about the corruption in my local government, and since I have a platform to write and share what’s going on, I feel free to call it out. After all, the First Amendment protects my right to free speech.
In Clarksdale, Miss., the local paper published an editorial asking why the city government lobbied the state for a “sin tax,” a 2% tax on alcohol, tobacco, and pot, to add more revenue for the local police department without a public meeting or notification to the media.
Here’s the editorial, questioning why the city didn’t notify the media about a special meeting to pursue a tax increase. pic.twitter.com/QBpBir0ajT
— Adam Steinbaugh (@adamsteinbaugh) February 19, 2025
The editorial highlighted how the mayor has touted his “open” and “transparent” governance, yet he and the city council didn’t notify the press about its intentions despite promising to “give appropriate notice thereof to the media.” The editors admitted that they support the tax, yet they questioned why the city left everyone in the dark about the lobbying efforts.
Local government officials should expect pushback from local media, whether they believe it’s warranted or not. No local public servant should be so thin-skinned as to think that they’re above criticism or that other opinions don’t matter.
Related: Did JD Turn the Tide on Free Speech?
The City of Clarksdale must not have gotten that memo. First Amendment attorney Adam Steinbaugh reports that the city went to court over the editorial:
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Wow: The City of Clarksdale, Mississippi, got a court order yesterday directing a newspaper to delete an editorial criticizing city officials — without a hearing. Here’s the TRO issuing the prior restraint: pic.twitter.com/dIL1AgLhI1
— Adam Steinbaugh (@adamsteinbaugh) February 19, 2025
“What the city is doing is wildly unconstitutional,” Steinbaugh explains. “For one, *governments* can’t sue for libel. Full stop.” He cites the opinion in New York Times v. Sullivan, which said, “For good reason, ‘no court of last resort in this country has ever held, or even suggested, that prosecutions for libel on government have any place in the American system of jurisprudence.’”
“Second, prior restraints are almost never permissible,” he continues. “If there were only one thing the First Amendment says you can’t do, it’s this. The city going to the legislature for permission for a tax increase is not like the secret movements of soldiers during wartime.”
Here’s the kicker: what the paper said in its editorial was true! The city neglected to inform the media; in the court filing, the city clerk admitted that she forgot to notify the media, which is a requirement under state law. Oopsie!
The city resents the suggestion it was trying to hide something by calling a special meeting and not telling the media. But that’s *opinion,* not a false statement of fact. And by suing over an editorial, the city’s proving them right. pic.twitter.com/oq92tTuE3q
— Adam Steinbaugh (@adamsteinbaugh) February 19, 2025
“At a time when the American Vice President is lecturing Europe on free speech, we should condemn a court effort anywhere in this country that seeks to silence a free press raising awareness about a tax increase,” wrote Erick Erickson on Wednesday.
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Shame on the officials in the City of Clarksdale for thinking that they’re above reproach or criticism, and shame on the court for caving to these officials. City elections take place in less than six weeks in Clarksdale. Here’s hoping residents send a loud and clear message.
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