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,
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
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
By Daniel A. Horwitz: Defending Against Malicious Prosecution Claims in Tennessee* Malicious prosecution is a civil tort claim that plaintiffs can bring against defendants who unsuccessfully initiated prior legal proceedings against them. “In order to establish the essential elements of malicious prosecution" claim that
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
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
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
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
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