First Amendment

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

Horwitz Wins Grant of Second-Ever Anti-SLAPP Petition Under the Tennessee Public Participation Act, Secures $26,500.00 Attorney’s Fees and Sanctions Award

The second-ever anti-SLAPP petition filed under the Tennessee Public Participation Act (TPPA)—Tennessee’s new anti-SLAPP statute—has officially been granted, accompanied by the largest fee-shifting award ($26,500.00) ever awarded in a defamation case filed in Tennessee.  The final order—granted by Davidson County Circuit Court Judge Joe

Horwitz Client Wins Sixth Circuit Appeal, Upholds District Court Order Dismissing SLAPP-Suit

In the last chapter of year-long saga, the dismissal of Déjà Vu Showgirls's SLAPP-suit against Linda Schipani—previously dismissed outright for failure to state any cognizable claim for relief—has been unanimously upheld by the Sixth Circuit Court of Appeals. Said Daniel Horwitz, Schipani’s attorney: “Deja

Horwitz Secures Grant of First-Ever Anti-SLAPP Petition In Tennessee in Lawsuit Regarding Negative Yelp Review

On July 1, 2019, the Tennessee Public Participation Act—Tennessee's first meaningful anti-SLAPP statute—took effect. The statute dramatically expanded the scope of speech that receives heightened legal protection in Tennessee. It also equips people targeted by Strategic Lawsuits Against Public Participation ("SLAPP-suits") with important tools

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|Daniel Horwitz, Defamation, First Amendment|

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|Daniel Horwitz, First Amendment, 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

By |2021-02-17T16:07:13-06:00October 4th, 2018|Daniel Horwitz, Election Law, First Amendment, In the News|

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

By |2021-02-26T18:48:23-06:00April 20th, 2018|Appeals, Daniel Horwitz, Defamation, First Amendment, In the News|
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