First Amendment

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 |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|

Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance Held In Contempt, Ordered to Return $64,000.00 It Collected in Willful Violation of Permanent Injunction

The Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance “is in contempt of court,” a senior Chancery Court judge has found.  The finding arose from the Registry’s willful collection of $64,000.00 in PAC fees in violation of a permanent injunction prohibiting

By |2022-04-15T10:44:31-05:00April 15th, 2022|Daniel Horwitz, Election Law, First Amendment, Litigation|

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

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 Election Law and First Amendment Appeal Striking Down Discriminatory Campaign Finance Statutes, Secures $50,218.49 Fee Award

In a unanimous panel opinion, the Tennessee Court of Appeals has affirmed a ruling by Davidson County Chancery Court Judge Ellen Hobbs Lyle that two of Tennessee's campaign finance statutes unlawfully discriminate against non-partisan speakers and violate the First Amendment.  As a result, the

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