The Law Office of Daniel A. Horwitz, Esq.

February 4, 2019

Horwitz Wins Speech Defense Claim, Secures Full Dismissal of Lawsuit Filed By Strip Club Over Witness Testimony

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 testimony that Mrs. Schipani gave to the Metro Traffic and Parking Commission regarding misconduct by the strip club’s valet service operator, which the strip club claimed was part of a conspiracy. Schipani was represented by Daniel Horwitz, a First Amendment and speech defense lawyer based in Nashville.

“Mrs. Schipani is pleased that this garbage lawsuit was properly disposed of at the court’s first opportunity, as we’d promised it would be,” Horwitz said in an emailed statement to the Nashville Business Journal. “In addition to recovering her legal fees, Mrs. Schipani looks forward to celebrating this complete and total victory by continuing to be a good neighbor, a successful businesswoman, and an engaged member of her community. Future bad actors who seek to censor and intimidate their neighbors by filing nonsensical lawsuits would be wise to take heed.”

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:

Selected Media Coverage:

January 11, 2019

Horwitz Secures Appellate Victory Upholding Validity of Election that Established Nashville’s Police Oversight Board

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 and other opponents of police oversight had sought to invalidate the results of the election, claiming that the referendum should never have been submitted to voters. Advocates of the oversight board were represented by Nashville attorneys Daniel Horwitz and Jamie Hollin.

“The FOP’s attempt to invalidate a free election and strip 134,135 people of their vote has been rejected yet again,” Community Oversight Now attorneys Jamie Hollin and Daniel Horwitz said in a statement to The Tennessean. “We are pleased that Metro’s Community Oversight Board will be permitted to do the important work that voters demanded.”

The Metro Council will begin considering nominations to the Board immediately.

Daniel Horwitz is a campaign finance and election 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 and Media Coverage:


October 31, 2018

Horwitz Secures Early Release of Calvin Bryant, College Student Who Received 17-year Mandatory Minimum Sentence First-Time, Non-Violent Drug Offense

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 was made possible after his attorney, Daniel Horwitz, brokered a deal with Davidson County District Attorney Glenn Funk that enabled him to be released seven years early.

Due to the severity of Tennessee’s Drug Free School Zone Act—an intensely punitive sentencing enhancement that has nothing to do with protecting children, places drug offenses on par with the most severe, violent crimes, and can be applied to virtually every drug transaction that occurs within a Tennessee city—Mr. Bryant received a prison sentence for a low-level drug transaction that was longer than he would have received if he had committed Rape or Second Degree murder. His case attracted widespread calls for reform after it exposed prosecutors’ arbitrary use of the enhancement and its racially disparate application.

“This would not have been possible without a DA sticking his neck out to right this wrong, and without a legion of supporters,” Horwitz told The Tennessean. “This is—and I’m not exaggerating— the most unfair sentence I have ever seen. There is simply no circumstance in which it makes sense to punish a first-time, nonviolent drug offender more harshly than a rapist or a murderer.”

After his release, Bryant immediately re-enrolled at Tennessee State University to finish his degree and established a non-profit organization aimed at curbing youth violence and steering kids away from gangs and drugs. Selected media coverage of Mr. Bryant’s case appears below.

Calvin Bryant poses with his attorney, Daniel Horwitz, following his early release from prison for a first-time, non-violent drug offense.

Selected Media Coverage:

–The Tennessean: Sentenced to 17 years for low-level drug charge, Nashville man gets freedom thanks to deal with prosecutors

–Patch:  Nashville Case Highlights Drug-Free School Zone Reform Efforts

–Reason: How a Drug-Free School Zone Sent a Tennessee College Student to Prison For 17 Years

–Reason: Calvin Bryant Was Serving a Draconian Mandatory Minimum Sentence. Now He’s Free

–Nashville Scene:  Council Members Petition Judge Over Drug-Free School Zone Case

–The Tennessean:  He got 17 years for selling drugs near school. Now 12 Nashville officials are fighting on his behalf

–ScotBlog: Eighth Amendment Challenge Filed Against Tennessee’s “Drug Free School Zone” Law

–Families Against Mandatory Minimums: Calvin Bryant: 17 Years for a First Offense