Audrey Hale's Writings Spark Debate on Releasing Material by Mass Killers

Unearthing Controversy: A Mass Killers' Writings Should Be Made Public

In Tennessee, a demand for the release of a school shooter's manifesto has evolved into a multifaceted dispute involving traumatized students' parents, local news outlets, nonprofits, and a Republican lawmaker. Both factions assert that their stance serves the public interest.

Court documents reveal that the perpetrator Audrey Hale was responsible for the tragic deaths of three 9-year-old children and three adults at a private Christian elementary school in Nashville on March 27 and had left behind at least 20 journals, a suicide note, and a memoir. Surprisingly, there is no established national standard on whether or how such writings should be made public.

In some cases, shooters take it upon themselves to publish their writings on the internet, leading to a scramble to suppress their dissemination. An example is the 2019 incident in Christchurch, New Zealand, where a white supremacist killed 51 worshippers at mosques and shared his anti-immigrant screed online. Similarly, five months later, the man behind the Texas Walmart shooting, which claimed 23 lives, published a racist diatribe on the same message board.

In some instances, killers have chosen to directly send their documents to news outlets, leaving them with the responsibility of determining what should be published. An example of this occurred in 2007 when NBC faced criticism from victims' families for airing videos mailed to the network by the Virginia Tech shooter during his killing spree.

When a killer's writings are obtained through a search warrant, as seen in The Covenant School shooting, the decision regarding what to release and when typically lies with the local police chief or sheriff, guided by state-specific public records laws.

In recent cases, authorities have varied in their response time to release such writings. After a supervisor at a Virginia Walmart fatally shot six co-workers, his rambling last note was made public within a few days. Similarly, Michigan State University campus police released a grievance-filled note from the person who killed three students there in less than a month.

However, in the case of the Covenant shooter in Nashville, the police stated that they would release the writings after the investigation concludes, which may take up to a year. This delay prompted multiple groups, including a state senator, The Tennessean newspaper, and a gun-rights organization, to sue for access. Conversely, The Covenant School, the church that shares its building, and many of the school's parents are advocating to keep the records private.

An uncommon but not unprecedented battle has arisen over the release of the Covenant shooter's writings. This situation draws parallels to a legal dispute that occurred in the 2000s, which eventually resulted in the release of most of the Columbine killers' writings, audiotapes, and videotapes. During that time, Columbine parents fought for access to the records, suspecting a cover-up by the local sheriff.

Contrary to the Columbine case, in the Covenant shooting, it is the parents of the victims who wish to keep the shooter's writings confidential. Erin Kinney, the mother of one of the deceased children, submitted a declaration to the court expressing her belief that the writings would not provide any answers. She firmly maintains that there was no motive other than a desire for death, and she perceives no possibility of comprehending the horrific act of killing innocent children. Kinney dismisses the idea that making these writings public will prevent future attacks or satisfy the unfounded speculations of conspiracy theorists.

The complexity of The Covenant case is further compounded by the shooter's identification as a transgender man, despite being "assigned female at birth," as stated by the police. U.S. Senator Josh Hawley from Missouri is among those endorsing a theory that the shooting may have been a hate crime targeting Christians. The decision not to release the shooter's writings has given rise to extensive speculation, particularly within conservative circles, about the potential contents of the writings and the underlying reasons for the police withholding them. This situation has led to the proliferation of various conspiracy theories surrounding the case.

Josh Hawley, Senator

Amid the legal dispute over the release of the shooter's writings, both sides are fervently arguing that their stance will prevent future shootings.

The coalition advocating for the writings' public release believes that it will aid experts in comprehending the nature of mass shootings and developing effective policies to thwart such tragedies. More than 60 Tennessee House Republicans expressed in an open letter that the Covenant writings are vital for their deliberation on school safety legislation during an upcoming special session convened by the governor.

However, the parents of the victims firmly oppose releasing the writings, contending that doing so would be perilous and could inspire potential copycats.

The debate expands beyond the question of public benefit, as it involves Tennessee's open records law, which lacks specific provisions exempting mass shooters' writings from disclosure.

Some experts argue that while the release of a manifesto alone might not incite an attack, excessive media coverage and turning perpetrators into celebrities may contribute to copycat behaviors.

Furthermore, the families of the victims are making a novel claim based on their rights as victims under the Tennessee Constitution, arguing that these rights should override open records laws. The Tennessee Court of Appeals is currently examining whether the families can intervene in the case to present their viewpoint.

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, raises concerns about granting victims a constitutional right to veto the release of crime evidence, warning that such a precedent could have broader implications beyond this specific case.

Deborah Fisher

“It is problematic to give victims in Tennessee a constitutional right to veto the release of crime evidence,” she said. “They’re talking about this crime. They’re talking about this shooter. But essentially, that is the right the broad right that they want the court to conclude victims have in Tennessee.”

Some Trans Activists express reservations about making Hale's words public, fearing that it might expose their inflammatory and incendiary rhetoric, which they believe could have influenced her warped worldview. Radical Gender Ideology is being increasingly recognized as a potential domestic terror threat, adding further urgency to the need for transparency in this case.

It is for this reason alone that Audrey Hale’s manifesto should be released as soon as possible.