Judge: Nashville school shooter’s writings can’t be released because families own copyrights

NASHVILLE, Tenn. — A judge ruled Thursday that the writings of the man who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public.

Chancery Judge I’Ashea Myles ruled that the children and parents of The Covenant School own the copyright to any writings or other works created by shooter Audrey Hale, a former student killed by police. As part of an effort to keep the records sealed, Hale’s parents transferred ownership of her estate to the victims’ families, who then argued in court that they should be able to decide who has access to them.

Myles agreed with that opinion, ruling that “original writings, diaries, artwork, photographs, and films created by Hale” fell within the exception to the Tennessee Public Records Act created under federal copyright law.

The ruling comes more than a year after several groups filed public records requests for documents seized by Metro Nashville police during the investigation into the March 2023 shooting. Those killed were Evelyn Dieckhaus, Hallie Scruggs and William Kinney, all 9, and adults Cynthia Peak, 61; Katherine Koonce, 60; and Mike Hill, 61.

Part of the interest in the documents stems from the fact that Hale, who police say was “assigned female at birth,” may have identified as a transgender man, and some experts have theorized that the diaries reveal a planned hate crime against Christians.

The victims’ families released statements about the ruling Friday. Cindy Peak’s family wrote: “The past year and a half without Cindy has been difficult. But today brings our family some relief. Denying the shooter some of the publicity he sought by publishing his disgusting and unfiltered thoughts about the world is an outcome for which everyone should be grateful.”

The shooter left behind at least 20 journals, a suicide note and a diary, according to court documents. When records requests were denied, multiple parties sued him, and the situation quickly escalated into a chaotic mix of conspiracy theories, leaked documents, estate battles and accusations of unethical conduct. Myles’ order is certain to be challenged.

After initial requests for the documents last year, police said they would eventually release them but could not do so immediately because their investigation was still open. Groups suing to immediately release the documents — including news organizations, a gun rights group, a law enforcement nonprofit and Tennessee Sen. Todd Gardenhire — argued that there was no significant criminal investigation underway because Hale, who police say acted alone, was dead.

Meanwhile, a group of Covenant parents were allowed to intervene in the case and argue that the files should never have been made public. They said their release would be traumatic for the families and could inspire copycat attacks.

Myles said the risk of imitation was real and “a matter of serious concern.”

“Hale used the writings of other perpetrators of similar crimes to guide the construction and execution of this plan, imitating some not only in their methodology but also in their choice of weapons and targets,” Myles wrote. “Hale even regarded former perpetrators as heroes in his attacks, idolizing them.”

The Covenant School and Covenant Presbyterian Church, which share the building, also got involved. They argued that the records should remain sealed because their release could jeopardize their safety.

The Associated Press is among the groups that requested the documents but was not involved in the lawsuit.

As the lawsuit dragged on, pages from one magazine were leaked to a conservative commentator, who posted them on social media in November. The Tennessee Star recently published dozens of articles based on what it claims are 80 pages of Hale’s writings provided by an anonymous source. The publication is one of the reasons, and Myles briefly threatened to hold the paper’s editor-in-chief, Michael Leahy, and its owner, Star News Digital Media, liable for contempt of court.

While Myles’ ruling will prevent many of the documents Hale created from being released to the public, other documents from the police file could be released after the case is officially closed, provided they meet the requirements of Tennessee’s open records law.

The attorney for the lead plaintiff in the case did not immediately respond to the ruling.

Travis Loller is a reporter for the Associated Press.