NASHVILLE, Tenn. (WTVF) — The Tennessee Star is requesting an emergency hearing, questioning the constitutionality of Judge I'Aesha Myles' recent order regarding a leak of Covenant school documents.
This comes after multiple stories were published this week using leaked documents from the Metro Police department. After the stories were published, Judge Myles signed an order calling for a discussion on said leak and to determine why publishing the documents doesn't hold them in contempt of court.
The Star, which is a party in the case, is asking for the documents to become a public record. All of the documents related to the Covenant shooter are currently in the possession of the court and Metro legal.
Wednesday's filing from Petitioner Michael Patrick Leahy and Star News Digital Media claims that the court's show cause order violates Tennessee's shield law, contravenes Tennessee’s contempt law, deprives Mr. Leahy of minimum due process guarantees and suffers from other constitutional infirmities.
The state's shield law is one that protects journalists' sources and all other information gathered for publication or broadcast. This is whether it is obtained confidentially or not as well as if it is published or not.
"The Show Cause Order does not specify or otherwise identify “the Orders of this Court” that it implies may have been violated," the filing reads. "The Show Cause Order does make clear, however, that it is concerned with acts—specifically, the “publication of certain purported documents and information”—that transpired outside the presence of the Court."
In regards to the shield law, Leahy's attorney argues that "Mr. Leahy cannot lawfully be compelled to participate in a show cause hearing that requires him to disclose 'any information or the source of any information procured for publication or broadcast.'"
The motion filed calls for Judge Myles’ order to be immediately set aside. It warns that if it is not set aside by noon on Thursday, Leahy plans to seek emergency relief from the Tennessee Court of Appeals.
On Thursday, the chancellor's order denied Leahy and the Star's motion to set aside the court order. Later in the day, Judge Myles stated that the court will not hear from any witnesses on Monday, June 17.
Journalism is at its best when we can shine a light on an issue that needs more attention. Once again, Hannah McDonald does this beautifully by highlighting the hardships of teens aging out of the foster care system. I learned something new in her reporting and am inspired by the work I AM NEXT is doing to make a difference. I think you will be too!
-Carrie Sharp
