Daniel A. Horwitz

@danielahorwitz.bsky.social

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Constitutional litigator. Public interest/First Amendment/civil rights/innocence/election litigation. Nashville politics. Anti-SLAPP evangelist. Email daniel at horwitz.law. My views are my employer’s.

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🫡🇺🇸 www.businessinsider.com/tennessee-wo...

Happy 4th of July! 🇺🇸

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Daniel A. Horwitz

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Now that's how the First Amendment is supposed to work!

Happy 4th of July! 🇺🇸

But without these rules, how would you be able to pre-write the order granting the motion for judgment of acquittal?

There are two elements to the immunity decision that are particularly extreme in a way that many will miss: (1) motive is irrelevant and (2) immune acts are not just excluded from prosecution, they’re excluded from evidence. /1

Trump: I am a God King. Supreme Court: Incorrect, you are a God King only *for official acts,* which should be presumed.

In hindsight, this was an easy choice.

Can't decide whether to watch the debate or put out a carton of lit cigarettes on my skin

www.tennessean.com/story/news/h...

Tennessee lawmaker, Nashville lawyer sue over 'abortion trafficking' lawwww.tennessean.com The new law criminalizes adults who, without parental consent, tranport a minor for an abortion considered illegal under Tennessee law.

The First Amendment safeguards the right to advocate for access to legal abortion care, and the State of Tennessee lacks authority to criminalize such advocacy. So our clients are suing. Complaint: horwitz.law/wp-content/u...

Some of you haven’t heard the Italian translation, I guess.

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Trump has filed many defamation lawsuits. I can't recall a single one that has been successful. But, still, they can be a massive nuisance in terms of both time and money to media orgs. We need a federal anti-SLAPP law, preferably today.

Trump’s attorney sent @propublica.bsky.social a cease-and-desist letter demanding this article not be published. The letter warned that if the outlet and its reporters “continue their reckless campaign of defamation, President Trump will evaluate all legal remedies.”

Multiple Trump Witnesses Have Received Significant Financial Benefits From His Businesses, Campaignwww.propublica.org Witnesses in the various criminal cases against the former president have gotten pay raises, new jobs and more. If any benefits were intended to influence testimony, that could be a crime.

There’s a pretty good “Moms for Liberty” joke in here.

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Love it when Conservatives learn literally anything about the criminal Justice system.

Tomorrow is going to be delightful

The most surprising thing about this story is that it was reported. Defendants do this in every case. People would be shocked by the completely outrageous positions that well-known defendants (often governments) take in litigation. www.dallasnews.com/business/air...

LinkedIn is so funny, because I get fed a ton of lawyer engagement bait and it’s frequently this kind of absolute foolishness (it is frequently malpractice not to make a demand that triggers insurer obligations, and there’s no way way this conversation really happened).

When you try to explain the court’s qualified immunity grant to the client:

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Judge Carlton Reeves has a new opinion out condemning qualified immunity as unlawful and egregiously unjust. He calls the doctrine a "perpetuation of racial inequality" and "an extra-constitutional affront to other cherished values of our democracy." s3.documentcloud.org/documents/24...

“4th Amendment protections”

“Following a traffic incident in which she was shamefully cut off and honked at, my wife BRIEFLY added some messaging to her car that was personal to her and did not mean what the liberal media suggests it meant AT ALL.” The car:

My "Not involved in insurrection, I just embraced insurrection symbolism at exactly the same time because someone called me a cunt" T-shirt has people asking a lot of questions already answered by my shirt.

Intermediate Scrutiny for May 17, 2024: horwitzlawpllc.cmail19.com/t/y-e-mbukkd...

“My wife displayed insurrection solidarity, but only briefly, because a neighbor called her a cunt” is such a fucking funny story to make up.

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Who among us can forget when George Wallace said "I draw the line in the dust and toss the gauntlet before the feet of tyranny and I say competitive markets today competitive markets tomorrow competitive markets forever."

yet again, im here to offer anyone a ride to the library, will help w basic research and documentation, and i will throw in lunch just please stop trying to be so edgy

Intermediate Scrutiny for May 10, 2024: horwitz.law/intermediate... I know we’re not quite weekly at this point (we’re busy), but man the opinions are good this time around. Judge Usman’s, in particular, are next-level superb on a host of diverse topics.

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Should we be updating the Restatement (Third) of Torts to allow for courts applying the "actually, from our perspective, we think your injury was a good thing" standard?

From this morning at Scotx. If your doctor fails to do their job by not tying your tubes as promised you should be grateful if you get pregnant

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Daniel A. Horwitz

And they throw in January 6 whataboutism for good measure: “In recent years, citizens have been told that unlawfully trespassing on and occupying public spaces is a sufficient basis to warrant incarceration.” 🤔

James Ho, Matthew J. Kacsmaryk, and 11 other right-wing federal judges write to President Shafik that Columbia has become an "incubator of bigotry" and that "absent extraordinary change" they will no longer hire graduates of Columbia—undergrad or law school—as clerks freebeacon.com/wp-content/u...

Look! A consequence! (Abusing one’s government position this way is exponentially more deserving of incarceration than a ton of shit that is regularly prosecuted.) www.abajournal.com/news/article...

District attorney 'humbled by my own stupidity' after failing to stop for police, calling officer namewww.abajournal.com A district attorney for a county that includes Rochester, New York, issued a video apology Sunday night after she failed to pull over for a traffic stop and called an officer a name after she drove into her garage about a half-mile away.

“Just the fact that we have the 1st Amendment doesn’t give you the right to scream fire in a theatre,” says Mitch McConnell. “You’re free to speak, but you’re not free to harm others with your speech.” (The question was whether peaceful protestors have First Amendment rights.) x.com/danielahorwi...

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This one seems like the Platonic ideal of a SLAPP. Just egregious.

I know my perception is skewed because a huge proportion of Tennessee’s worst SLAPP-suits reach my desk, but I genuinely think we have both more and more egregious SLAPP-suits than, like, California, which is roughly 8 trillion times larger. @kenwhite.bsky.social? @strugar.bsky.social? What say you?

Every time I think I’ve seen the worst SLAPP-suit of all time, some new and even more flagrant abuser of the legal process steps up to prove me wrong. It’s hard to imagine being worse than this: horwitz.law/wp-content/u...

Intermediate Scrutiny for April 19, 2024: horwitz.law/intermediate...