Horwitz Law, PLLC Wins Summary Judgment Ruling that Permanently Enjoins “All Enforcement” of the “Recruitment” Provision of Tennessee’s “Abortion Trafficking” Statute

“All enforcement“ of the recruitment provision of Tennessee’s so-called “Abortion Trafficking” statute is now permanently enjoined, Senior Sixth Circuit Court of Appeals Judge Julia S. Gibbons (sitting as District Judge by designation) has ordered. The decision comes as a result of a lawsuit filed by Nashville attorney Rachel Welty and Tennessee State Representative Aftyn Behn—two high-profile advocates for Tennesseans’ access to safe and legal abortion care—who sought an injunction forbidding enforcement of the new law based on concerns that they would be prosecuted under it for their lawful advocacy. Earlier in the case, District Court Judge Aleta Trauger had enjoined the law on a preliminary basis.

“Section 39-15-201 prohibits speech encouraging lawful abortion while allowing speech discouraging lawful abortion[,]” Judge Gibbons’ ruling explains. “That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates—and does not tolerate here. And because the statute discriminates in a substantial amount of its applications, it is facially overbroad. Thus, the court grants summary judgment for plaintiffs on their free speech claims and enjoins enforcement of the recruiting prong of the statute.”

“Judge Gibbons’ thoughtful and well-reasoned opinion protects the right of all Tennesseans to share truthful information about abortion without fear that crusading prosecutors will try to punish them criminally for doing so,” said Horwitz Law, PLLC principal Daniel A. Horwitz—Welty and Behn’s lead counsel—who represents the plaintiffs alongside Horwitz Law, PLLC attorney Sarah Martin. “It also affirms that the government has no authority to enact overbroad laws that criminalize pure speech based on the government’s disagreement with a speaker’s point of view. This is a major victory for Ms. Welty, Representative Behn, and all Tennesseans who believe that the government has no right to prosecute citizens for sharing truthful information.”

A copy of Judge Gibbons’ Memorandum Opinion and Order granting the Plaintiffs’ motion for summary judgment can be accessed here: https://horwitz.law/wp-content/uploads/Gibbons-Opinion.pdf

A copy of Judge Trauger’s earlier Memorandum order granting the Plaintiffs’ motion for a preliminary injunction can be accessed here: https://horwitz.law/wp-content/uploads/Memorandum-Order.pdf