The Law Office of Daniel A. Horwitz, Esq.

April 20, 2018

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 Appeals affirmed the outright dismissal of Mr. Loftis’s claims on the basis that Loftis had advanced a “far-fetched and not a reasonable interpretation” of the statements that he had sued over, and that “the statements in the newspaper article are not defamatory as a matter of law.”  The Court of Appeals also ordered Mr. Loftis to pay for the costs of the lawsuit, and it further ordered the Trial Court to determine whether Loftis must pay Mr. Rayburn’s legal fees.

Given the serious threat that the case posed to the viability of newsgathering in Tennessee, the lawsuit attracted national attention from First Amendment organizations like The First Amendment Center’s Newseum Institute and TechDirt. The Court of Appeals’ decision constitutes a total victory and complete vindication for Mr. Rayburn, who has maintained that the lawsuit was frivolous from the beginning.  “We’re thrilled about this resounding win, which fully vindicates Mr. Rayburn and the First Amendment yet again,” said Daniel Horwitz, Mr. Rayburn’s attorney.  “Filing a lawsuit this frivolous was a very poor decision, and unfortunately for Mr. Loftis, it is about to become an expensive one as well.”

Daniel Horwitz is a First Amendment and speech defense lawyer based in Nashville, Tennessee.  Selected case documents and media reports about the case are available below.  If you would like to purchase a consultation from Horwitz, you can do so using the following form:

Consultation Payment Form

Payment for: 30-Minute Consultation

Amount: $200.00

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Selected Case Documents:

Plaintiff’s First Amended Complaint

Defendant’s Motion to Dismiss First Amended Complaint

Plaintiff’s Response to Motion to Dismiss (1)/Plaintiff’s Response to Motion to Dismiss (2)

Defendant’s Reply to Plaintiff’s Response

Transcript of Hearing on Defendant’s Motion to Dismiss

*Order Dismissing Plaintiff’s Complaint With Prejudice

Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.

Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn

*Appellate Court Order Denying Plaintiff’s Appeal and Remanding for Consideration of Attorney’s Fees Award

Selected Media Coverage:

-The Tennessean: Defamation lawsuit against restaurateur Randy Rayburn dismissed — again

-TechDirt: Judge Dumps Stupid Libel Suit Featuring A Man Suing A Third Party For Things A Journalist Said

-Nashville Business Journal: Nashville restaurateur Randy Rayburn faces $1.5 million lawsuit

-TechDirt: Former University Official Files Libel Lawsuit Against His Replacement For Things A Journalist Said

-Nashville Business Journal: Judge dismisses $1.5M suit against well-known restaurateur

-First Amendment Center’s Newseum Institute: Unusual Defamation Suit Targets Source of Story

March 13, 2017

Horwitz Wins First Amendment Lawsuit Regarding Arrest for “Obscene Bumper Sticker”

In response to a lawsuit filed on March 3, 2017 by attorney Daniel Horwitz on behalf of Plaintiff Dustin Owens—who was issued a citation in early February for displaying what a Metro Nashville Police Officer claimed was “an obscene bumper sticker”—lawyers for the city of Nashville have conceded that “Mr. Owens is correct that the bumper sticker at issue does not fit the criteria of ‘obscene and patently offensive’ as those terms are defined in Tenn. Code Ann. § 55-8-187 and under relevant First Amendment jurisprudence.”  As a result, Metro has agreed to dismiss Mr. Owens’ citation and accept a declaratory judgment that the bumper sticker at issue “is protected by the First Amendment to the U.S. Constitution.”  Under the parties’ settlement agreement, Metro will also pay for the costs of Mr. Owens’ lawsuit.

Mr. Owens’ resounding legal victory comes after extensive local and national media coverage of his arrest for displaying the following crass but comical bumper sticker:

Said Horwitz, Mr. Owens’ counsel: “The statute under which Mr. Owens was cited is facially unconstitutional.  Hard-core censorship of this nature also has no place in a free society.  We’re ecstatic about this victory, and we appreciate Metro’s prompt concession that the position taken by Mr. Owens’ arresting officer was nakedly meritless.”

Daniel Horwitz is a First Amendment lawyer based in Nashville, Tennessee.  Selected case documents and media reports about the case are available below.  If you would like to purchase a consultation from Horwitz, you can do so using the following form:

Consultation Payment Form

Payment for: 30-Minute Consultation

Amount: $200.00

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Media Coverage:

–Patch: Obscenity Charges Dropped In Nashville Stick Figure Sex Case

–Faultlines: Nashville Cops Hate Stick Figure Sex (and the First Amendment)

–Heat Street: Tennessee Cops Back Down on Fine For ‘Obscene’ Bumper Sticker of Stick Figures

–TechDirt: Driver Sues State After Receiving Ticket For ‘Obscene’ Stick Figure Vehicle Decal

Case Filings:

Plaintiff’s Complaint

Plaintiff’s Application for Temporary Injunction

–Order Granting Judgment to Plaintiff