# Judge in Mississippi violating First Amendment? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [February 20, 2025, 2:26pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575 "2025-02-20T14:26:12Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![Turek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/turek/32/18782_2.png) [@Turek](https://boards.straightdope.com/u/Turek)\ **Post date:** [February 20, 2025, 2:26pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/1 "2025-02-20T14:26:12Z")
Another violation of the First Amendment and the principal of “Prior Restraint”? A Mississippi judge orders a local newspaper to remove an editorial criticizing the city: > The city sued the publishers of the _Clarksdale Press Register_ over an editorial from February 8, which criticized officials for failing to notify the public about a hearing on proposed tax increases. > > On Tuesday, without a hearing to review the allegations, Hinds County Chancery Court Judge Crystal Wise Martin ordered the newspaper to “remove” the column from its website. > **[Judge orders Mississippi newspaper to delete editorial criticizing public...](https://www.the-independent.com/news/world/americas/us-politics/clarksdale-press-register-first-amendment-judge-b2701108.html)** > > First Amendment lawyers and press freedom advocates blast blatantly ‘unconstitutional’ order Note: the article contains a link to an archive of the editorial in question. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [February 20, 2025, 3:36pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/2 "2025-02-20T15:36:55Z")
The Streisand effect strikes again. Want to bury a story on the Internet? Do this and get thousands of times more hits than before. Since the article has been published, this is not _prior_ restraint. The TRO is a big issue as well. The “T” stands for “temporary”. A hearing has to be called ASAP. The hearing is a ways off in TRO terms. That’s yet another problem. If it’s libel, then let the “victims” go to civil court and sue for damages. How long the article is up can be a factor in the damages awarded. The paper can size up the situation and decide if they have a good case, etc. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 20, 2025, 4:06pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/3 "2025-02-20T16:06:20Z")
> [@ftg](#): > > The paper can size up the situation and decide if they have a good case, etc. I read the editorial. It seems like _extremely_ tame criticism by any standard. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [February 20, 2025, 4:32pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/4 "2025-02-20T16:32:21Z")
You wouldn’t happen to have a link to the text? I’d like to read it but haven’t found it on my own. ---
**Author:** ![SCAdian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/scadian/32/3292_2.png) [@SCAdian](https://boards.straightdope.com/u/SCAdian)\ **Post date:** [February 20, 2025, 4:39pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/5 "2025-02-20T16:39:25Z")
As Turek said, a link was included in the article: > **[EDITORIAL: Secrecy, deception erode public trust](https://web.archive.org/web/20250219152923/https://www.pressregister.com/editorial-secrecy-deception-erode-public-trust)** > > Your Clarksdale Press Register will be the first to say that a sin tax that would pay police to fight crime in Clarksdale is a good idea. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 20, 2025, 4:43pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/6 "2025-02-20T16:43:35Z")
> [@Cheesesteak](#): > > You wouldn’t happen to have a link to the text? the word “editorial” has a hyperlink to the offensive article. ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [February 21, 2025, 8:10pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/7 "2025-02-21T20:10:26Z")
Just for those who haven’t read the article or the editorial, the Judge’s actions were based on concerns (by the city officials) that the paper’s claims rose to the level of defamation, actual malice, and likely interference in their efforts to produce legislation. The first two of which, as we’ve seen in many threads, are normally incredibly different to prove in a court of law, _especially_ against public figures, and yet here, with no hearing, largely ignored. Yeah, this is a blatant attack on the First Amendment and any non-compliant (with TPTB) reporting. If Fox News was held to the standards this judge has allowed, it would have been shut down on day 1 of a Biden presidency and forced to take down 98% of all it’s progragmming. ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [February 26, 2025, 2:21am UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/8 "2025-02-26T02:21:24Z")
Apparently, the City has realized this is a _really_ bad look for them: > **[Clarksdale Press Register: Mississippi city drops lawsuit over editorial that...](https://www.cnn.com/2025/02/25/us/clarksdale-register-mississippi-lawsuit-dropped/index.html)** > > A Mississippi city dropped its lawsuit Monday against a newspaper that had its editorial criticizing local leaders removed by a judge in a case that sparked widespread outrage from First Amendment advocates. > A Mississippi city dropped its lawsuit Monday against a newspaper that had its editorial criticizing local leaders removed by a judge in a case that [sparked widespread outrage](https://www.cnn.com/2025/02/20/us/mississippi-judge-clarksdale-register-editorial-order/index.html) from First Amendment advocates. > > The city of Clarksdale’s board of commissioners sought to dismiss its libel lawsuit against The Clarksdale Press Register, filing the request moments after its board of commissioners approved the move. > > The judge in the case must still dismiss her order that the editorial be removed from the paper’s website, which the city also asked her to do. She had originally set a hearing for Thursday in the case. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 26, 2025, 2:48am UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/9 "2025-02-26T02:48:20Z")
Yes, Mississippi judges are elected. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 26, 2025, 3:03am UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/10 "2025-02-26T03:03:54Z")
I forgot to mention the qualifications: A qualified elector, a resident of the county two years preceding the day of election, a high school graduate or its equivalent, and completion of a course of training required by law within six months of the beginning of the term of office. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [February 26, 2025, 9:14pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/11 "2025-02-26T21:14:04Z")
The term _qualified elector_ strikes me as somewhat arcane. Does it have a meaning beyond _eligible, registered voter_? ---
**Author:** ![Tokushizu](https://avatars.discourse-cdn.com/v4/letter/t/c67d28/32.png) [@Tokushizu](https://boards.straightdope.com/u/Tokushizu)\ **Post date:** [February 27, 2025, 11:12pm UTC](https://boards.straightdope.com/t/judge-in-mississippi-violating-first-amendment/1014575/12 "2025-02-27T23:12:35Z")
An update regarding the court’s decision; > **[Mississippi Judge Lifts Order That Forced Newspaper to Remove an Editorial](https://www.nytimes.com/2025/02/27/us/mississippi-judge-clarkdale-press-register.html)** > > The judge’s order against The Clarksdale Press Register in Clarksdale, Miss., had alarmed press advocates, who said it was a violation of the First Amendment.