Intermediate Scrutiny

The “Tennessee Public Participation Act,”⁠ Tennessee’s First-Ever Meaningful Anti-SLAPP Law⁠, Takes Effect Today

By Tennessee First Amendment, Speech Defense, and Anti-SLAPP Lawyer Daniel Horwitz: If you woke up this morning feeling freer to speak your mind, there's a reason: A little-noticed law with huge free speech benefits takes effect today. As of July 1, 2019, the "Tennessee

By |2021-02-17T16:07:01-06:00July 1st, 2019|Defamation, First Amendment, Intermediate Scrutiny|

White County, Tennessee Inmate Sterilization Program Terminated By Historic Order

Federal court orders that controversial sterilization program be rescinded; White County officials to pay Plaintiffs’ attorney’s fees, permanently enjoined from making or enforcing any sentencing determination that is based "in whole or in part upon a defendant's consent—or refusal to consent—to becoming permanently or

By |2021-02-17T16:07:03-06:00May 20th, 2019|Constitutional Law, In the News, Intermediate Scrutiny|

Horwitz Wins Sixth Circuit Reversal Against Judge Who Instituted Inmate Sterilization Program

In 2017, three inmates in White County, Tennessee sued White County General Sessions Judge Sam Benningfield, alleging a variety of constitutional violations arising from a coervice sterilization-for-sentencing-credits program instituted in the county jail. Among other things, the inmates' lawsuit sought injunctive relief that would

By |2021-02-17T16:07:04-06:00April 4th, 2019|Appeals, Intermediate Scrutiny|

Horwitz Secures First-Ever Reinvestigation of Nashville Murder Conviction By District Attorney’s Conviction Review Unit

After a years-long effort to secure a review of Joseph Webster's conviction for a 1998 murder, the Davidson County District Attorney's Office has officially authorized a reinvestigation into the case. It is the first investigation into a potential wrongful murder conviction in Nashville's history.

By |2021-02-17T16:07:07-06:00February 8th, 2019|Criminal Law, Intermediate Scrutiny|

Horwitz Wins Speech Defense Claim, Secures Full Dismissal of Lawsuit Filed By Strip Club Over Witness Testimony

In a Memorandum Opinion and Order issued on February 4, 2019, the United States District Court for the Middle District of Tennessee has dismissed a lawsuit filed by Deja Vu of Nashville, a local strip club, against business owner Linda Schipani. The lawsuit arose out of

By |2021-02-17T16:07:09-06:00February 4th, 2019|First Amendment, Intermediate Scrutiny, Litigation|

Horwitz Secures Appellate Victory Upholding Validity of Election that Established Nashville’s Police Oversight Board

Nashville's first-ever Community Oversight Board—a committee that will review and investigate complaints of police misconduct that voters approved by an overwhelming margin in a November 2018 referendum—will stand, according to a unanimous opinion from the Tennessee Court of Appeals. The Fraternal Order of Police

By |2021-02-17T16:07:10-06:00January 11th, 2019|Appeals, Election Law, Intermediate Scrutiny, Litigation|

Horwitz Secures Early Release of Calvin Bryant, College Student Who Received 17-year Mandatory Minimum Sentence For First-Time, Non-Violent Drug Offense

Calvin Bryant—a beloved college student and high school football star whose sentence garnered national attention for its purposeless cruelty after he received a 17-year mandatory minimum prison sentence for a first-time, non-violent drug offense—was released from prison on October 31, 2018. Mr. Bryant's release

By |2021-02-23T18:52:50-06:00October 31st, 2018|Criminal Law, In the News, Intermediate Scrutiny, Litigation|

Horwitz Wins Lawsuit Challenging Tennessee’s “Blackout Ban” for Non-Partisan PACs

In a landmark victory against a decades-old Tennessee election statute, Horwitz client Tennesseans for Sensible Election Laws—a non-partisan PAC that aims to "protect all Tennesseans’ rights to participate in the political process without unreasonable interference from the state government"—has secured an injunction prohibiting the

Horwitz Wins Defamation Suit on Behalf of Restaurateur (Again)

In another resounding win, celebrated Nashville restaurateur Randy Rayburn has again beaten back a multi-million dollar defamation and false light lawsuit filed against him by Thomas Nathan Loftis, Sr., the former director of Nashville State's culinary program.  In a unanimous ruling, the Tennessee Court of

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