Whether you are a reader who enjoys GC Wire’s reporting or not, this story affects you. The outcome of a new federal court motion made by a Mississippi city could determine whether government officials anywhere in America can use the legal system to silence reporters, and by extension, the public’s right to know.
GC Wire has issued the following press release regarding the motion filed by the City of Ocean Springs seeking to restrict the rights of its publisher.
OCEAN SPRINGS, MS — The City of Ocean Springs has filed a motion in federal court seeking a protective order against investigative journalist E. Brian Rose, a move legal observers say could set a dangerous precedent for press freedom nationwide.
If granted, the motion would give municipalities across the country a roadmap for silencing critical reporting: retaliate against a journalist to chill speech, then use any resulting lawsuit as justification to muzzle them completely.
Rose, a veteran journalist who was first trained while serving in the military’s elite Combat Camera unit, filed a First Amendment retaliation lawsuit earlier this year, alleging officials launched a campaign to punish him for exposing corruption and misconduct inside City Hall. His complaint details pressure on his former employer to fire him, removal of access based on viewpoint discrimination, and a defamation campaign led by city officials, including the former mayor and city attorney.
This is the second First Amendment lawsuit the City of Ocean Springs has faced in as many years.
Now, the city is attempting to use Rose’s very lawsuit to silence him entirely. Through its attorneys, Ocean Springs is asking the court to prohibit him from making any media inquiries or public-records requests — even those unrelated to litigation — claiming that because his case involves First Amendment retaliation, all acts of journalism by him are “case-related” and should be barred.
In court filings, the city described Rose’s routine press inquiries — typically one or two per week — as “harassing.” Those inquiries have included basic requests such as asking for a list of the mayor’s accomplishments in his first 100 days or whether an upcoming city meeting was open to the public.
“This is like suing over air quality and then having opposing attorneys ask the judge to ban breathing because every breath is case-related,” Rose said. “It’s an attempt to turn a First Amendment retaliation lawsuit into a First Amendment shutdown.”
Rose publishes most of his reports on GC Wire, an online investigative news site. His reporting has focused on city scandals, including the Securix program, a private traffic-enforcement initiative that issued citations outside the traditional court system and funneled revenue through private entities. His ongoing coverage has revealed financial conflicts of interest and growing involvement by public officials, including the city’s former attorney.
Before launching GC Wire, Rose worked as a producer for WLOX News and later wrote for the Ocean Springs Weekly Record and the Laurel Leader-Call. He has also produced a number of sports related news shows over the years. A combat veteran of the Somalia and Bosnia conflicts, Rose has long been a First Amendment advocate and has even authored children’s books introducing young readers to the Bill of Rights.
“Protective orders are meant to safeguard discovery, not outlaw journalism,” said a First Amendment attorney familiar with the case. “If a court endorses the Ocean Springs theory, it’s open season on reporters.”
The City’s motion seeks to bar Rose from speaking to anyone related to Ocean Springs about any topic of “general” city operations. If granted, the broad sweeping ask would essentially bar him from even calling 911 if his home were to catch fire.
Rose said he intends to fight the motion.
“This case isn’t just about me, it’s about whether the First Amendment still protects the people who hold government accountable,” he said. “If a city can silence a reporter for asking questions, then free speech in America becomes a privilege for some, not a right for all.”
A travesty for all concerned. OS is eliminating the guardrails for their malfeasance, so expect a free-for-all with grifting and lying and abuse of our tax dollars. This should — and I predict — WILL be a national story!
This is both furious and funny at the same time. If not for you and your articles, many in Ocean Springs would not know the truth of many things that are going on in that city. Funny because they think they can silence free speech. Ocean Springs is such a unique little town, but is being given a big black mark by those elected to represent the people. SMH……
Disgusting but, what’s new? In August of last year Securix turned Wilkinson, Gregory and these others into DPS and Federal Authorities, documented their crimes and accepted massive losses to protect the People as tens of thousands had their privacy violated. These people have returned none of the $1.5 million in illegal collections and still own almost $360,000. to the State. Federal Whistleblower, Due Process and Constitutional Rights have all been violated to try and silence us, ensure that admitted criminals are not held accountable and keep the coverup in place. Our willingness to protect people has resulted in massive lawfare and suffering. Clearly doing the right thing makes you a victim of the politically-connected in Jackson County. Wilkinson and the City of Ocean Springs have a lot of explaining to do and so does Josh Gregory and these others but please….they violated the contract with the City and with us. This was never a Securix System and that was the problem. This was a “Wilkinson Program” with him and his friends making things up as they went along…. just as with IntelliSafe. As I said before and same with what they are doing to you… disgusting. Good luck fighting the “Machine”… this massive corruption and BTW…. WHERE is the AG????
Please ask your readers to demand that the transcripts be made available as the law requires, that the financial records be unsealed and that the Securix Mississippi bank account be open for the public. “Par Yachts and other LLCs owning yet other LLCs” instead of “QJR” is just more of the scam inflicted on everyone. The public has a right to know and tens of thousands have been cheated out of their privacy… their constitutional rights. Honor demands transparency.