(Memphis) Many of you commented on the Commercial Appeal’s website about the merger of Memphis City Schools and Shelby County Schools.
Now the Shelby County Commission’s attorney wants the names and information of those who made racially charged comments.
County commissioners say their attorneys are arguing comments on the Commercial Appeal’s website lead to discrimination and the segregation of school based on race.
Now the attorneys have subpoenaed comments from the Commercial Appeal.
Commissioner Terry Rowland put forth a resolution Monday to rescind the subpoena. After much debate, commissioners voted 5-8 to keep the subpoena in force.
Attorneys want to know who made those anonymous statements, and if they have ties to law makers.
Bruce Kramer is an attorney who specializes in freedom of speech.
He says revealing the names of people who commented anonymously on the website will be a violation of the First Amendment, “The first amendment protects your right to petition the government. Your first amendment protects the freedom of the press it also protects your right to comment on issues of public importance. That’s what these people did.”
Attorneys with the Baker-Donelson Law Firm are trying to prove there was an atmosphere of racial hostility when state lawmakers gave the go ahead to pave the way for municipal schools.
Commissioner Steve Mulroy claims some of the people who made some of the racially charged statements on those stories could also have connections to the lawmakers.
Commission Chairman Sydney Chism isn’t bothered the attorneys didn’t ask the commission before submitting the subpoena to uncover the names, “Lawyers do what they have to do to get their information to serve the clients and to win the case.”
Other commissioners like Chris Thomas say the subpoena is out of line and violates the law, “I don’t want lawyers saying they represent the majority of this commission asking people peoples privacy to be violated. That’s not the case.”
Kramer says identifying the writers could have long lasting consequences in Memphis, “We learn from our history that people start getting enemies lists of people who oppose them on certain issues and there is a chilling effect that people may be afraid to speak out.”
Kramer says laws have been established all over the country based on cases that set a precedent protecting private and anonymous comments on the internet.
The litigation before a federal judge will take place before a federal judge in about a month.
The attorneys from Baker-Donelson would not comment on this story.