Judge Rules Nashville Shooter’s Manifesto Is Exempt From Disclosure Due to Copyright

An ambulance leaves the Covenant School, Covenant Presbyterian Church, in Nashville on March 27, 2023. (John Amis/AP Photo)

Tennessee Chancery Court Judge I’Ashea L. Myles ruled on July 4 that none of the writings left by Nashville school killer Audrey Hale can be released, citing copyright claims of the victims’ families.

Judge Myles declared in her ruling that “materials created by Hale are exempted from disclosure based on the federal Copyright Act.”

The ruling came after several parties, including the National Police Association, the Tennessee Firearms Association, The Tennessean, and The Tennessee Star, sued the city of Nashville last year to gain access to the writings. A group of parents from The Covenant School, where the shooting occurred, moved to block the release, citing a copyright given by the killer’s parents.

In the March 27, 2023, shooting, Ms. Hale, a female who identified as a man, killed three 9-year-old children and three adults at the Covenant School in Nashville. Officers shot and killed Ms. Hale, a former student at the school, minutes after Covenant officials called 911.

In a search of Ms. Hale’s vehicle and home, the Metro Nashville Police Department (MNPD) claims to have discovered voluminous writings, including diaries and drawings. In a statement, the MNPD said that Ms. Hale “documented, in journals, her planning over a period of months to commit mass murder at The Covenant School.”

Judge Myles wrote that “Based upon Supremacy Clause and conflict preemption, the federal Copyright Act serves as a valid exemption to the Tennessee Public Records Act and thus preempts the disclosure of any original work of authorship in any form created by the assailant Hale which has been collected by Respondent Metro.”

The court also ruled that no documents needed to be produced while police say the investigation is ongoing, according to court documents.

“The release of the remaining documents which are not original, derivative or compilation works created by the assailant is further constrained by the exceptions to disclosure set forth by the General Assembly. … during the pendency of this investigation and any legal proceedings thereafter, the investigative files of the police and materials therein are not available.”

The judge wrote that law enforcement “need not disclose any materials which are in its open investigative file and are relevant to any pending or contemplated criminal action until such investigation and any collateral criminal proceedings are complete.”

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, on July 5 told The Epoch Times that the judge’s ruling appears to violate constitutional protections while also defying any previous known judicial precedent.

“The ruling is stunning. It’s a sad day for our judicial system. I don’t know any precedent for this, but it’s clearly problematic,” Mrs. Fisher said. “It would allow a criminal to keep confidential writings, texts, video created by the person—key evidence of a crime that would come out in a public trial.

“Now, in Tennessee, the bad guys, or relatives of the bad guys, can say let’s keep it confidential because it is covered by copyright laws. There may be times when police or those in power don’t want something to come out because it might make them look bad.”

Ms. Hale had inferred in an Instagram message to a friend just before the shooting that she had left the material intentionally to reveal her motive in the killings, writing, “One day this will make more sense. I’ve left more than enough evidence behind.”

Police seized the materials, which included seven journals found under her bed, 11 home videos discovered under the family’s basement stairs, along with two more journals and a suicide note left in her desk, according to a search warrant released by the MNPD.

The MNPD refrained from announcing a possible motive for the attack, prompting months of speculation.

In past mass shootings that ended in the death or capture of the shooter, the government has typically released writings and related evidence within two or three days of the incident. However, the contents of the seized Nashville shooter’s writings have not been released to the public, even in redacted form.

The Tennessee Public Records Act, passed in 1957, was intended to be a guarantee that the people had access to public records of government bodies at all levels in Tennessee in a “timely manner,” according to the Municipal Technical Advisory Service Institute for Public Service.

In the weeks following the tragedy, officials assured the media that the writings would be handed over, with police appearing to acknowledge an obligation to turn over evidence related to the case. In August of 2023, the MNPD told The Epoch Times that they were “in the process of going through the writings” and “that they can and will be released publicly.”

The lack of transparency leads to ethical questions over not only the conduct of authorities, but the rights of the public, according to Ms. Fisher.

“People have the right to know what the government is doing, and that includes in a criminal justice setting,” she said. “This ruling prevents the ability for the public to hold their government institutions accountable.”

The July 4 decision is expected to be appealed in court.