Multiple news outlets, including The Tennessean, have argued that the documents are required to be released under state public records laws and warned against infringing on First Amendment protections.
The Tennessee Firearms Association and James Hammond, a former Tennessee county sheriff, are among the outside law enforcement and conservative groups that have also cited a violation of state public records law in suing for the release of the records, echoing the argument that it is important to know more about the motive before the special legislative session.
On Monday, their lawyers argued that the Covenant School, as a private school, could not claim exemptions for school safety under the public records law. They also questioned whether the group of parents had the legal standing to intervene in the case, or were entitled to the protections afforded to victims of a crime.
Most of the parents have yet to publicly identify themselves as part of the lawsuits, and their lawyers indicated that several wished to remain anonymous if the case were to move forward.
Nashville law enforcement officials have argued that releasing the writings prematurely would impair an ongoing investigation; as of now they believe the shooter, killed by the police at the school, acted alone. The Metropolitan Nashville Police Department, in a separate court filing, did not object to the release of a redacted compilation of the shooter’s writings, though Chancellor Myles of Davidson County is set to review what one city lawyer described as a “voluminous” trove of evidence.
Lt. Brent Gibson, the officer overseeing the investigation, estimated in a court filing that it would take a year for the Police Department to conclude its work, warning that “releasing any of the puzzle pieces too quickly could jeopardize putting this intricate puzzle together.” He added that the agency needed to subpoena many records, such as messaging data and internet search history, and conclude its interviews.
Chancellor Myles is set to continue reviewing the documents and evidence in police possession, as well as previous cases in Tennessee, before making her decision on whether the parents have the legal right to intervene.
“My goal is to make sure that whatever needs to come out can come out in a manner that protects all involved, but also gives open access,” she said.
Emily Cochrane
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