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August 21, 2020 Mississippi
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Washington, DC

BY EMAIL (mmarshall@evanspetree.com) Lucian T. Pera

Direct: 901.524.5278
E-Fax: 901.524.5378
Michael R. Marshall, Esq., P.C. lucian.pera@arlaw.com
1715 Aaron Brenner Drive, Suite 800
Memphis, TN 38120

Re: Media Ban for Collierville High School-Briarcrest

Christian School Football Game Tonight

Dear Mike:

I write you today in your role as counsel to the Board of the Collierville Municipal
School District. I represent The Commercial Appeal. On these matters, I have also been
authorized to speak for WREG Memphis and The Daily Memphian.

I am confident you are aware that your client announced, by formal press release
Thursday, that no media representatives will be permitted “on or near the Collierville
High School campus or inside the Dragon Stadium or Landers SportsPlex for the initial
game against Briarcrest.” The Commercial Appeal, WREG Memphis, and The Daily
Memphian are deeply concerned about this media ban. We urge your client to
immediately reconsider this decision. We believe this media ban is unlawful, ill-advised,
and entirely unnecessary.

As recently as this morning, Mark Russell, the Executive Editor of The

Commercial Appeal, discussed this matter with the Collierville Municipal School
District’s Superintendent Gary Lilly and offered to work cooperatively to address any
concerns about the presence of his reporters. As I understand, Mr. Russell offered to have
his reporters be present only in one of the end zones, appropriately socially-distanced
from teams and team personnel on the sidelines and from fans in the stands. We are
confident that any other media who wished to cover the game would also be willing to
conform to reasonable public health guidelines.

Given the size of the 5,000-seat stadium and the 650-person limit your client has
already imposed, it is inconceivable that established social-distancing guidelines would

Crescent Center | 6075 Poplar Avenue, Suite 700 | Memphis, Tennessee 38119 | 901.525.3234 | Fax 901.524.5419
Mark R. Marshall, Esq
August 21, 2020
Page 2

not be met by Mr. Russell’s proposal or one much like it. Your Superintendent, however,
was unwilling to discuss any reasonable guidelines short of a complete media ban.

Your client said in its Thursday release that it was relying on guidelines
established by the Shelby County Health Department and the TSSAA in imposing this
media ban. We do not believe that any reasonable interpretation of these guidelines
would allow the kind of event your client has planned, while banning any media
presence.

In my view, your client is flagrantly disregarding its obligations under the law
concerning media access to a public event held on public property. Without citing you to
hornbook law, no public school system can legally or constitutionally ban all media from
a public event on public property simply because they are members of the media, while at
the same time allowing other citizens to attend and participate. On just these facts, this
sort of open discrimination against only those who actively report the news violates the
most basic protections of free speech in the U.S. and Tennessee Constitutions.

Further, in my view, and in the view of The Commercial Appeal, WREG

Memphis, and The Daily Memphian, the statements and conduct of the District strongly
suggest that the only reason for the media ban is the fear that the media will report on the
event in a way unflattering to the District. If members of the media are required to seek a
formal legal remedy, and should this prove to be your client’s purpose, any court
reviewing the matter would find this kind of motivated conduct to be even more
flagrantly unconstitutional, as compared to a “time, place, and manner” restriction that
was unconstitutional simply because it drew the line on who could and could not be
present incorrectly, but perhaps in good faith.

Neither The Commercial Appeal, nor WREG Memphis, nor The Daily Memphian
have any interest in pursuing legal action. More importantly, they have no interest or
agenda other than accurate reporting on what appears to be the District’s good-faith effort
to bring back Friday night football for your athletes and students, their parents, and the
community. Like other members of the community, I know they support that effort. But
like your client, they have a job to do – a job that is, thankfully, protected by the
Constitution.

We urge you to attempt to convince your client that it should rescind its decision
to ban the media from this game. Thank you for your consideration.
Mark R. Marshall, Esq
August 21, 2020
Page 3

Very truly yours,

Lucian T. Pera

c: Mark Russell, Executive Editor, The Commercial Appeal

Bruce Moore, News Director, WREG Memphis
Ronnie Ramos, Executive Editor, The Daily Memphian