Metro Nashville selectively cited portions of a February ruling by the Tennessee Court of Appeals in a response filed Monday in the Covenant School killer public records lawsuit brought by The Tennessee Star, through its parent company Star News Digital Media, Inc. (SNDM), and Editor-in-Chief Michael Patrick Leahy, to justify its continued refusal to provide copies of the killer’s writings.
The lawsuit by Leahy and SNDM was originally filed against Metro Nashville in May 2023 in order to compel the release of the writings left by Audrey Elizabeth Hale, who killed six at the Covenant School on March 27, 2023. Davidson County Chancellor I’Ashea L. Myles ruled against Leahy, SNDM, and other plaintiffs suing Metro on July 4, 2024.
Leahy and SNDM appealed the decision, and the Tennessee Court of Appeals reversed it in February, issuing an order instructing Myles to complete a review of what materials could be made available for public inspection “as expeditiously as possible.”
Metro Nashville, the Covenant School, and parents of Covenant students subsequently sought permission to appeal the decision, as Myles previously allowed them to intervene in the lawsuit, asserting copyright ownership over the killer’s writings despite the Hale estate remaining open in Davidson County Probate Court as recently as last month. The Tennessee Supreme Court declined the appeal in August, leaving in force the appellate order that called for “an expedited schedule” to complete the litigation.
In response to a request for Myles’ court to proceed, Metro Nashville underlined a portion of the court of appeals order to claim it can block The Star from copying Hale’s writings.
“The Court of Appeals stated Metro’s obligation regarding these writings is to produce them for inspection,” the city claimed, citing two sections of the court order.
Metro specifically underlined portions of two sentences in the appellate opinion, while leaving surrounding language concerning the petitioners’ statutory copying rights and potential copyright liability unmarked.
The first partial sentence cited by Metro was “the only overt action Metro must take to meet its obligation is to allow Petitioners access to the records for personal inspection.”
The second sentence referenced by Metro stated, “Simply put, so long as Metro maintains the records, it must allow Petitioners access to same for personal inspection.”
However, the full context of the court of appeals order appears to contradict Metro’s claim, as the appellate court specifically acknowledged the copyright rights conferred to the public by Tennessee law.
“Although we acknowledge the copying rights conferred to the public by section 10-7-506, we do not opine whether it is advisable for Petitioners to copy or otherwise reproduce those records upon said personal inspection and access,” wrote the appellate court.
The court of appeals further considered reproduction in the next paragraph, when the order required Metro to allow The Star access to public records.
“Whether Petitioners choose to go further than that considering their potential copyright liability is left to them,” wrote the Court of Appeals. “Likewise, if the Parents wish to pursue a copyright infringement action against the Petitioners based on how Petitioners choose to use the information in the records, the Act provides the Parents with that remedy.”
Metro’s interpretation also raises questions under the Tennessee Public Records Act (TPRA), which links the right to inspect public records with the right to copy them.
Tennessee’s public records law explicitly connects the right to inspect a record with the right to copy it, as Tennessee Code Annotated 10-7-506 provides a person entitled to inspect public records “shall have the right to take extracts or make copies thereof, and to make photographs or photostats” of such records, while a local records custodian may establish rules for how those copies, photos, or extracts are created.
Despite the citation of public records and copyright laws to block the release of the killer’s writings, which could include a valid will that may contain instructions regarding assignment of her intellectual property, or wishes for its treatment following her demise, the FBI has released about 1,800 pages from the killer’s journals after settling litigation with Leahy, SNDM, and other litigants in early 2025.
In September 2024, The Star also released the killer’s complete, unredacted final journal.
More than three years after the crime, a declaration signed by the Metro Nashville Police Department public records coordinator on Monday claimed the department would need “approximately 10 hours” more to finish reviewing Hale’s writings for potential redactions.
Recently, The Star was named a finalist for the 2026 Dao Prize for Best Local Journalism after the Tennessee Supreme Court declined to hear Metro’s appeal.
Myles has scheduled a hearing in the public records case for November 12.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
