MLK50: Justice Through Journalism is among Tennessee news outlets that will receive pro bono legal representation through a new initiative announced today by The Reporters Committee for Freedom of the Press.
The Local Legal Initiative provides two years of free legal support to freelance and staff journalists pursuing enterprise and investigative reporting in the Volunteer State and four others — Colorado, Oklahoma, Oregon and Pennsylvania, according to the the Washington, D.C. -based journalism advocacy organization. An attorney will be based in each state and have access to the Reporters Committee’s team of lawyers and extensive legal resources.
Reporters Committee staff attorney Adam Marshall said the goal is to help journalists defend against legal threats and lawsuits, assist with public records and court access efforts, and provide prepublication review and other legal services.
“We believe there are important stories to be told in Tennessee, but reporters across the state have been hamstrung by delayed and denied requests for public records.”
Adam Marshall, Reporters Committee staff attorney
“We believe there are important stories to be told in Tennessee, but reporters across the state have been hamstrung by delayed and denied requests for public records,” Marshall said. “An important aspect of our work is to help ensure that freedom of information laws are complied with and that reporters have what they need to inform the public.”
The initiative is being funded by a $10 million investment by the John S. and James L. Knight Foundation, which announced plans in 2019 to double its commitment to strengthening local journalism.
Along with MLK50: Justice Through Journalism, other participating Memphis newsrooms are Chalkbeat Tennessee and the Tri-State Defender. The support is especially important for smaller, grassroots journalism organizations such as MLK50: Justice Through Journalism that can’t afford to hire an attorney, said editor Wendi C. Thomas.
“This makes it easier to do our jobs and [it helps] create an environment where local governments are aware of what the laws are in regard to fulfilling public information requests in a timely fashion,” said Thomas, who is being represented by the Reporters Committee in a public records lawsuit she and The Marshall Project filed last year against the Memphis Shelby Crime Commission.
Jacinthia Jones, bureau chief for education-focused Chalkbeat Tennessee, said getting public information should not be so difficult.
“It’s pretty unbelievable the stuff we’ve been told” when filing Freedom of Information Act requests.
Jacinthia Jones, Chalkbeat Tennessee bureau chief
“It’s pretty unbelievable the stuff we’ve been told” when filing Freedom of Information Act requests, Jones said. “Many of our requests are denied. And in many cases when we receive the information it is so redacted that you literally cannot read the file.”
For example, Jones said, once after a long wait, Chalkbeat received a requested file containing a news article with the byline and contents blacked out, despite the story having been published on the Chalkbeat website.
“Some of the stuff we’ve dealt with is so ridiculous that [the Reporters Committee] believes they may even have the opportunity to develop case law from it,” Jones said. “That’s huge.”
Deborah Fisher, executive director of the Tennessee Coalition for Open Government, said the “only way to enforce the law in Tennessee is to file a lawsuit, and that can cost thousands of dollars.
“It’s no secret to government officials who are wrongly withholding records that most news organizations don’t have thousands of dollars lying around to constantly go to court to fight for the public’s right to know,” Fisher said. “This legal support should help change the calculus.”
That’s the goal, said Bruce Brown, Reporters Committee executive director. “We are eager to expand our legal services to help more local journalists pursue stories that inform and strengthen their communities. We are looking forward to working closely with our partners in each of these states to support thriving local journalism.”
“It’s no secret to government officials who are wrongly withholding records that most news organizations don’t have thousands of dollars lying around to constantly go to court to fight for the public’s right to know.”
Deborah Fisher, Tennessee Coalition for Open Government executive director
The Initiative’s five launch states were selected from more than 45 submissions received in 2019 from more than 30 states, regions and territories, Marshall said. Two groups of journalists applied in Tennessee, evidence members felt demonstrated the great need for more legal support for journalists here. Both applications mentioned concern and frustration over the pushback journalists have faced when filing open records requests.
Jones said she is hopeful the legal backing will help improve access for journalists across Tennessee and beyond.
“At the very least, this will be another vehicle that helps us do our jobs as reporters,” she said. “This is not about creating an antagonistic relationship; it’s to put these governmental agencies on notice that failing to [fulfill public information requests] is against the law. Hopefully, this will be the reminder that they need.”
Chandra Thomas Whitfield is an award-winning journalist based in Denver. She is in pre-production for a podcast focused on the gender pay gap and black women as part of an investigative journalism fellowship with In These Times.
This story is brought to you by MLK50: Justice Through Journalism, a nonprofit newsroom focused on poverty, power and public policy. Support independent journalism by making a tax-deductible donation today. MLK50 is also supported by the Surdna Foundation, the Southern Documentary Project at the Center for the Study of Southern Culture and Community Change. Sign up for our newsletter.