NASHVILLE, Tenn. (WTVF) — Ever since the tragic shooting that claimed six innocent lives at the Covenant School, their families have been fighting against any of the shooter's writings being released to the public.
Chancellor I'Ashea Myles surprised a lot of people when she released her 60 page ruling on the Covenant documents case, two minutes to midnight on the Fourth of July holiday. Her ruling? That writings and journals from the Covenant shooter would not be released to the public, in part, because of federal copyright law.
Copyright law
Her ruling stems from a legal maneuver made last year. The shooter's parents had her journals and writings officially copyrighted. Then, they transferred the ownership of that copyright over to the Covenant families. Those families have argued that nothing good can come from releasing those writings.
But Deborah Fisher, Executive Director of the Tennessee Coalition for Open Government, says knowledge can often be power.
"I think the public will be in the dark about what led up to school shootings. I think they’ll be in the dark about any warnings or anybody the person told," she said.
Fisher is also deeply worried about the precedent this could set.
"It doesn’t take much imagination to basically replicate this for a criminal or a criminal’s deceased spouse or parents like in this case — to copyright evidence that would reflect poorly on that person’s actions," said Fisher.
Fisher thinks that abuse of copyright law could extend to government officials, even law enforcement.
"My fear is that police will use this new exception that was created by this judge on copyright that didn’t exist before, to withhold things from the public that in the past they would have been required to release," she said. "It gives police just another reason not to release something."
Chancellor Myles also cited the Tennessee School Security Act of 1981, which was passed to prevent school security information from becoming public knowledge. Myles contends that state law blocks any passages from the shooter's writings that pertain to school security from being released to the public.
It should be noted, the Covenant School has gone under extensive remodeling in the aftermath of the shooting.
Could there be an appeal?
At least one party in the case, Michael Patrick Leahy who owns the Tennessee Star, says he will appeal the Chancellor's decision. But Fisher warns, that won't move quickly.
"If there is an appeal, it will last a long time. What it will mean in this case, it will delay any release of records, if ever," said Fisher.
Because the Covenant families now hold the copyright on the shooter's writings, after the MNPD investigation wraps up, it could be possible for those families to simply destroy the shooter's writings when they fall into their possession.
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-Rebecca Schleicher
