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.
This is a new one for me. Tennessee Court of Appeals strikes a pro se litigant’s brief and refuses to adjudicate her public records appeal because she included a bunch of (remarkably poignant) insults about judges: www.tncourts.gov/sites/defaul...
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...
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).
“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:
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.
“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...
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...
It should not be this hard for an obviously innocent person to get a damn hearing, but we’re happy that Mr. Stokes now will.
www.tncourts.gov/sites/defaul...
In case you were wondering how things were going in Tennessee, we’re hard at work making sure that immigrants don’t have to witness gay kids get whooping cough.
I am embarrassed on a daily basis that I once believed this guy’s bullshit about being committed to criminal justice reform. Tennessee’s criminal justice system has gotten dramatically worse under him, and the limited reform we’ve had happened in spite of him.
Our kickass team got another prior restraint order vacated today: www.tncourts.gov/sites/defaul.... I’m super proud of that. This is also why I roll my eyes when people talk about prior restraints being rare in this country. They absolutely aren’t. They happen every day, usually without fanfare.
