Constitutional Law

Horwitz Law, PLLC Client Sophia Johnston Wins $100,000 Settlement Payment, Secures Permanent Policy Changes After Being Forced to Remove Hijab During Rutherford County Booking Process

Horwitz Law, PLLC client Sophia Johnston—a devout Muslim woman who was illegally required to remove and be photographed without wearing her hijab after being arrested for a minor (since-dismissed) criminal charge in August 2023—has reached a settlement with Rutherford County, Tennessee.  As part of her

By |2024-01-26T13:43:05-06:00January 24th, 2024|Constitutional Law, Daniel Horwitz, First Amendment, In the News|

Failed Tennessee House Candidate Michelle Foreman Sanctioned $100,000 for Filing SLAPP-Suit Against Former Metro Councilman Dave Rosenberg

Former District 35 Councilman Dave Rosenberg has been awarded $100,000.00 in sanctions after earlier prevailing against a defamation lawsuit filed by failed Tennessee House candidate and former District 35 challenger Michelle Foreman. A copy of the Court's sanctions order—the largest sanction ever awarded

TBI, District Attorney W. Ray Crouch Pay $125,000.00 to Man They Illegally Arrested and Prosecuted For Posting Crudely Photoshopped Meme That Offended Police

Two TBI agents and District Attorney W. Ray Crouch have paid $125,000.00 to Joshua Garton to settle his claims for malicious prosecution, false arrest, and violations of his First Amendment rights.  The settlement payment comes almost three years after Tennessee’s top law enforcement agency

By |2023-10-31T22:54:57-05:00October 30th, 2023|Constitutional Law, Daniel Horwitz, First Amendment|

Tennessee Court of Appeals Affirms Trial Court Order Invalidating School Board Censorship Clause in Ex-Director Shawn Joseph’s Severance Agreement

In a pair of separate opinions issued today, the Tennessee Court of Appeals affirmed a ruling by Davidson County Chancery Court Judge Ellen Hobbs Lyle in favor of Plaintiffs Amy Frogge, Fran Bush, and Jill Speering, all represented by Horwitz Law, PLLC.  The ruling arose out of a lawsuit

By |2022-08-21T19:44:30-05:00June 20th, 2022|Appeals, Constitutional Law, Daniel Horwitz, First Amendment|

In Victory for Horwitz Law PLLC Client, Tennessee Supreme Court Rules that the Tennessee Bureau of Investigation Lacks Authority to Violate Court Orders

“The determination of whether an offense is eligible for expunction is an obligation entrusted to courts, not the TBI[,]” the Tennessee Supreme Court has ruled.  Accordingly, “the TBI lacked authority to refuse to comply” with a final and unappealed expungement order that no statute

Horwitz Law, PLLC Files Suit to Vindicate Nashville Woman’s First Amendment Right to Display Vanity Plate

When Nashville woman Leah Gilliam purchased a vanity plate to celebrate her interests in astronomy and gaming, it did not occur to her that her constitutionally protected speech could land her in jail.  Due to the Tennessee Department of Revenue's determination—more than a decade

By |2023-10-31T22:53:27-05:00June 29th, 2021|Constitutional Law, Daniel Horwitz, First Amendment|

Horwitz Law Wins Appeal of First-Ever Anti-SLAPP Judgment Under the Tennessee Public Participation Act

In a precedent-setting, unanimous ruling, the Tennessee Court of Appeals has affirmed the first trial court judgment ever issued under the Tennessee Public Participation Act, Tennessee's recently enacted anti-SLAPP statute.  The ruling establishes several critical precedents for free speech law in Tennessee, and it

Horwitz Secures First-Ever Exoneration of Nashville Man Wrongfully Convicted of Murder; Joseph Webster Released, Has Conviction Vacated After 14 Years In Prison

Following a four-year effort to exonerate Joseph Webster for his wrongful conviction of a 1998 murder, the Davidson County District Attorney's Office has announced that it "no longer has confidence in the conviction of Mr. Webster" and recommends that "Mr. Webster's conviction be vacated

By |2021-02-23T15:56:02-06:00October 28th, 2020|Constitutional Law, Criminal Law, Daniel Horwitz|

Davidson County Chancery Court Judge Rules in Favor of School Board Members, Invalidates Censorship Clause in Ex-MNPS Director Shawn Joseph’s Severance Agreement

In an order issued earlier this afternoon, Davidson County Chancery Court Judge Ellen Hobbs Lyle ruled in favor of Plaintiffs Amy Frogge, Fran Bush, and Jill Speering, who earlier this year sued Metro and ex-MNPS Director Shawn Joseph over the legality of the School Board censorship

By |2021-02-17T16:06:42-06:00September 15th, 2020|Constitutional Law, Daniel Horwitz, First Amendment|

Horwitz Wins Lawsuit Striking Down Politician-Favoring Criminal Defamation Law, Secures $69,882.37 Fee Award

In a resounding win for free speech, Davidson County Chancellor Ellen Hobbs Lyle has issued an order striking down Tennessee's criminal defamation law prohibiting false "campaign literature in opposition to any candidate in any election."  Finding that the law represented an unlawful content-based, viewpoint-based,

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