U.S. Sen. Tommy Tuberville's (R-Auburn) campaign argues that the publishing of sensitive information revealed amid a residency challenge is illegal.
Mobile-based Lagniappe received a cease-and-desist demand after releasing information that Tuberville’s team said was never meant for publication.
The outlet reported on tax returns and a barcode containing sensitive information on the senator’s financial history. That barcode, the outlet said, should have been redacted when submitted in a challenge to Tuberville's residency in his gubernatorial campaign. Lagniappe did not publish social security numbers or driver’s license information, but in the letter to co-publishers Rob Holbert and Ashley Trice, Tuberville’s team said the information was unlawfully accessed.
The outlet gained access to the information after it was sent to residency challenger Ken McFeeters, Tuberville's opponent. Attorneys said those documents were never intended for publication and were only shared with McFeeters and the Alabama State Republican Executive Committee’s Candidate Committee. McFeeters reportedly shared the documents with numerous news agencies.
The letter stated the publication is not protected by the First Amendment and that its actions violated “federal law, state privacy law and multiple civil tort doctrines.”
“Moreover, your June 5 publication of the improperly accessed data falsely reports that the Tuberville campaign ‘exposed the sitting U.S. Senator’s . . . income details,’ and falsely implies that the Tuberville campaign ‘volunteered’ the information to you,” the letter from attorney Albert L. Jordan states. “In fact, Mr. Johnson was fully aware before the June 5 publication by email from me that any access or distribution of the numerical income or expense data was unauthorized and unlawful. You were so advised by me, on behalf of Tuberville, after revealing your scan of the PDF417 code on the tax forms that otherwise would not have revealed any numerical data. And, to be clear, it is false that any agent of Tuberville, or his campaign, ‘volunteered’ these documents to you.”
The letter demanded that Lagniappe cease and desist from any further use of the information obtained from the barcode, remove the articles written, identify all individuals who accessed the information, and preserve all evidence.
Lagniappe removed the paywall to allow readers to read the full cease and desist letter. Holbert and Trice added that they stand by their right to publish the information.
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