First Amendment

Victims of SLAPP-Suits Cannot Recover Their Legal Fees If Plaintiffs Withdraw Their Claims Before Hearing, Holds Tennessee Supreme Court

By Daniel A. Horwitz: Strategic lawsuits against public participation—better known as “SLAPP-suits”—use the legal system to punish constitutionally protected speech.[1]  The Tennessee Supreme Court has explained that “[t]he primary aim of a SLAPP is not to prevail on the merits, but rather to chill

Federal Judge Preliminarily Enjoins “All Enforcement” of the “Recruitment” Provision of Tennessee’s “Abortion Trafficking” Statute Against Horwitz Law, PLLC Clients, Public

“[A]ll enforcement of the recruitment provision” of Tennessee’s so-called “Abortion Trafficking” statute is now preliminarily enjoined, U.S. District Court Judge Aleta A. Trauger has ordered.  The decision comes as a result of a lawsuit filed by Horwitz Law, PLLC clients Rachel Welty and Tennessee State

Federal Judge Permanently Enjoins City of Lakeland, Tennessee From Fining Horwitz Law Client for “Fuck ‘Em Both 2024” Sign; Awards Her Over $32,000.00 ( Cloned )

Beginning in January 2024, the City of Lakeland, Tennessee began fining Horwitz Law, PLLC client Julie Pereira for her political yard sign reading: "Fuck 'Em Both 2024."  In response, Ms. Pereira filed suit, asserting that the City of Lakeland's enforcement action violated her First

Citizens Prevail Against SLAPP-Suit Filed By City of Fayetteville, Tennessee Aldermen

A “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by three City of Fayetteville, Tennessee, Aldermen against two citizens who petitioned them must be dismissed with prejudice, the Circuit Court for Lincoln County, Tennessee, has ruled.  The Court also awarded the two citizens “their court

By |2024-01-30T18:21:25-06:00January 30th, 2024|Daniel Horwitz, First Amendment|

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 |2024-10-06T17:33:42-05:00October 30th, 2023|Constitutional Law, Daniel Horwitz, First Amendment, In the News|

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 |2024-10-07T08:19:29-05:00October 30th, 2023|Daniel Horwitz, First Amendment, In the News|

Metro Councilman Dave Rosenberg Prevails Against SLAPP-Suit Filed By Failed Tennessee House Candidate

District 35 Councilman Dave Rosenberg has prevailed in full against a $300,000.00 defamation lawsuit filed by failed Tennessee House candidate and former District 35 challenger Michelle Foreman, a judge has ruled.  The ruling marks yet another win for defendants targeted by Strategic Lawsuits Against

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

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