Nathan Moore's Thoughts
The Email from Metro Legal to the Election Commission on English First's Disclosure
Here is the text from the email mentioned in The Tennessean that was sent to Ray Barrett his morning:
I have carefully reviewed the cases related to the disclosure of the names of the contributors that were listed on the reports filed yesterday. After reviewing the concerns raised initially by Jonathan Crisp, President, Nashville English First, in light of the standards set in Kallstrom v. City of Columbus, 136 F.3d 1055, and Buckley v. Valeo, 424 U.S. 1, it is my opinion that you may release these reports to the public. To reach the Kallstrom standard, there must be evidence that “the release of private information places an individual at substantial risk of serious bodily harm, possibly even death, from a perceived likely threat.” Kallstrom at 136 F.3d at 1064.
The “threats” alluded to in Mr. Crisp’s letter and the attachments do not evidence a substantial risk of bodily harm from a perceived likely threat. This coupled with Mr. Crisp’s conversation with you yesterday indicating that he no longer objects to the release of the reports convince me that these records are public records that must be released in that not even Mr. Crisp, who originally raised the concern, believes there is any substantial threat.
I appreciate your patience in allowing us the opportunity to review this matter.
Sue Cain
Director of Law
The letter with all the “threats” is here .
So, no bad precedent has been set, in my opinion. However, we now know the content of contributions to this ill-conceived movement. It was practically entirely funded by ProEnglish, an anti-immigrant group which I have discussed before.
No wonder they delayed its release until after the election.
















