Open Records and the School Safety Exception: What Tennessee’s Latest Covenant School Decision Means
When a tragedy occurs at a school, two powerful forces immediately collide: the public’s right to know and the need to protect school safety and victims.
A recent decision from the Tennessee Court of Appeals in Brewer v. Metropolitan Government of Nashville & Davidson County addresses that exact tension following the 2023 Covenant School shooting.
Because open-records issues are among the most frequently read topics on this site, this case is especially important for parents, schools, and anyone seeking to understand how Tennessee’s Public Records Act applies after a school crisis.
If you missed those earlier articles—or want a clearer understanding of the Tennessee Public Records Act and how it affects schools, school employees, and your rights as a Tennessee resident—be sure to review the series below:
2. Open Records Part 2 - Exceptions
3. Open Record Part 3 – Making Request
The Facts Behind the Case
After the March 27, 2023 shooting at Covenant School in Nashville, multiple individuals and media organizations requested Metro Nashville Police Department investigative records under the Tennessee Public Records Act (TPRA).
The most disputed materials were the shooter’s journals, writings, and other personal content—sometimes described publicly as a “manifesto.”
Metro denied all requests, relying primarily on:
• An ongoing criminal investigation
• The TPRA school‑security exception
• Federal copyright protections
• Victims’ rights laws
The school, church, and parents of surviving students intervened in court to oppose disclosure, arguing that releasing the writings could:
• Reveal sensitive security‑related information
• Cause emotional harm to victims
• Inspire copycat violence
The trial court ultimately ruled that none of the requested records had to be released.
What the Trial Court Decided
The Davidson County Chancery Court concluded:
1. Rule 16 (open investigation) allowed Metro to withhold the file.
2. The school‑security exception applied broadly to the shooter’s writings.
3. The Copyright Act preempted Tennessee’s open‑records law.
4. Victims’ rights laws did not apply—but the other reasons were enough to block disclosure.
In short, the trial court treated the entire investigative file as confidential.
What the Tennessee Court of Appeals Changed
The Court of Appeals issued a mixed ruling—affirming a few narrow points but reversing the overall secrecy of the records.
1. Police investigative files are public records
The court confirmed that once collected by law enforcement, these materials fall within the TPRA’s definition of public records. The real question is which specific items are exempt, not whether the entire file is secret.
2. The “open investigation” argument expired
Because Metro’s investigation is now closed, Rule 16 no longer applies. Records withheld only for that reason must be released.
3. The school‑security exception is real—but limited
The Court of Appeals rejected the idea that anything connected to a school shooting can be permanently hidden as “school security.” Courts must review records individually, redact true security details, and release the rest. This shifts Tennessee law toward targeted redaction, not blanket secrecy.
4. Copyright does not automatically block disclosure
Even if writings are copyrighted, the TPRA may still require inspection access, and copyright disputes can be handled after disclosure through infringement law.
5. Victims’ rights laws do not override open‑records law
Tennessee victims’ rights protections apply within the criminal justice process, not as a general shield against public‑records requests once a case is over. Emotional harm concerns alone do not create a TPRA exemption.
Why This Decision Matters
This ruling clarifies:
• School shootings do not create automatic secrecy
• Security exceptions must be narrowly applied
• Transparency returns once investigations end
The governing rule moving forward is: Disclosure with careful redaction—not total confidentiality.
What Parents Need to Know
• Police records from a school tragedy are usually public once investigations close.
• Schools and governments cannot hide entire files simply by citing “safety.”
• Courts must remove only truly sensitive security information.
• Victims’ rights laws do not automatically block disclosure outside criminal proceedings.
• Copyright claims do not guarantee secrecy, though they may affect later use.
What Schools Need to Know
• Expect eventual public access to investigative records after a crisis.
• The school‑security exception is narrow—plan for redaction, not total withholding.
• Maintain clear separation between internal security plans (likely redactable) and general investigative facts (likely releasable).
• Copyright arguments are not a reliable shield against TPRA disclosure.
• Crisis response planning should assume future transparency.
Final Thought
The Court of Appeals reaffirmed a core principle of Tennessee law:
Government transparency does not disappear during difficult moments—it must instead be balanced carefully with safety. That balance now defines how Tennessee schools, parents, and agencies should think about open records after a school crisis.