“A trial court’s personal opinion is not a basis for restricting a person’s constitutional right to free speech,” the Tennessee Court of Appeals has ruled. The ruling is a major and precedent-setting First Amendment victory for Horwitz Law, PLLC client Michael Malone.
“There is no . . . evidence or corresponding factual findings to justify the Trial Court’s prior restraint orders against Petitioner[,]” the Tennessee Court of Appeals’ opinion explains. “Absent any such specific findings, the Trial Court’s prior restraint orders are based merely on the Trial Court’s subjective beliefs, which cannot outweigh Petitioner’s First Amendment rights.” Thus, “[t]he provisions in the Trial Court’s orders dated August 15, 2023 and August 17, 2023 restraining Petitioner’s speech are reversed.”
The victory makes five straight Tennessee Court of Appeals wins (all as appellant) for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
Tennessee Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/MALONE%20-%20Majority%20Opinion%20Filed.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Michael-Malone-Brief-2.pdf
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