Constitutional Litigation
“Phenomenal, passionate, man of integrity” —Armand, Constitutional Litigation Client.
“Daniel Horwitz is, hands down, one of the brightest legal minds defending your constitutional and civil rights in all of Tennessee.” “His life’s work is to hold people accountable: the government, the media, police, jails, lawyers, and beyond. We are lucky to have him.” –Amanda Gentry, Criminal Defense Attorney
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Selected Constitutional Case History
1. Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance, et al.—Davidson County Chancery Court/Tennessee Court of Appeals (won)
Selected Case Documents:
*Court of Appeals Opinion Affirming Judgment
*Memorandum Opinion and Order on Petition for Contempt
*Post-Remand Memorandum and Order On Sovereign Immunity
*Post-Remand Order Denying Government’s Motion for Relief from Judgment
*Post-Remand Order Awarding Attorney’s Fees for Contempt
*Chancery Court Memorandum and Order
*Second Chancery Court Order Granting Attorney’s Fees
*Chancery Court Order Awarding Attorney’s Fees
*Chancery Court Order Granting Motion for Upward Adjustment of Attorney’s Fees
–Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction
–September 26, 2018 Transcript of Proceedings
–Principal Brief of Appellants BECF and Davidson DA
–Brief of Appellee Tennesseans for Sensible Election Laws
–Reply Brief of Appellants BECF and Davidson DA
–Amicus Brief of the Beacon Center of Tennessee
–Brief of Amici Curiae Goldwater Institute and Liberty Justice Center
–Notice of Satisfaction of Judgment
Selected Media Coverage:
-The Tennessean: Appeals court tosses Tennessee laws that created a donation blackout for nonpartisan PACs
-The Tennessean: Tennessee election registry in contempt of court, ordered to pay back thousands in fees
-The Tennessean: Nashville judge rules against state in lawsuit over ‘blackout period’ for PACs
-Nashville Post: Court strikes down ‘blackout period’ campaign finance provision
-The Tennessean: Tennessee sued over PAC contributions ‘blackout period’ before elections
2. Gluzman v. Tennessee Board of Law Examiners (won)—Tennessee Supreme Court
Selected Case Documents:
–Brief of Amici Curiae The Beacon Center, Cato Institute, and Goldwater Institute
–Petition of Vanderbilt Law School and University of Tennessee College of Law
Selected Media Coverage:
-Nashville Post: Supreme Court rules Argentine can take Tennessee Bar
-Bloomberg: Argentine LL.M. With 3.9 GPA Wins Bid to Take Tenn. Bar Exam
-Nashville Post: Argentine lawyer challenging Tennessee Board of Law Examiners
-Above the Law: State Bars Foreign Student From Bar Exam — Next Stop, State Supreme Court
-Supreme Court of Tennessee Blog: The Tennessee Supreme Court Has Agreed to Hear a Laughably Egregious Case of Economic Protectionism
-ABA Journal: Vanderbilt law prof who taught Argentine LLM student backs his bid to take the bar exam
-The Tennessean: How Tennessee discriminated against a talented Vanderbilt law grad
-Cato At Liberty Blog: Even Lawyers Have the Right to Earn an Honest Living
-Beacon Center Blog: Banned From the Bar Exam
-Nashville Post: National conservative groups join local bar fight
-Nashville Post: Briefing complete in Argentine lawyer’s bar exam appeal
3. Project Belle, LLC v. Tennessee Board of Cosmetology and Barber Examiners (won)—Tennessee Board of Cosmetology and Barber Examiners
Selected Case Documents:
–Board Complaint and Demand to Cease and Desist
–Respondent’s Response Letter Denying Liability and Refusing Consent Order
Selected Media Coverage:
-Forbes: Tennessee Regulators Drop Complaint, Won’t Block Beauty App From Operating
-Forbes: Tennessee Wants To Shut Down This Beauty And Health App For Offering ‘Highly Disturbing’ Competition
-Nashville Business Journal: Regulators withdraw complaint against Nashville-based startups
-Reason: Tennessee Cosmetology Board Admits it Doesn’t Have Authority To Regulate Tech Companies
-Daily Signal: How This Nashville Tech Company Challenged a State Regulatory Board and Won
4. Gilliam v. Gerregano—Three-Judge Chancery Panel/Tennessee Court of Appeals (won in Court of Appeals; remand pending)
Selected Case Documents:
*Opinion of Tennessee Court of Appeals Reversing Judgment
Selected Media Coverage:
-Reason/The Volokh Conspiracy: Personalized License Plates (e.g., 69PWNDU) Are Private Speech
-Fox 17: Nashville woman sues state officials over license plate deemed ‘offensive’ 10 years later
-News Channel 5: Car owner sues over state banning ‘offensive’ license plate
-Fox: Tennessee woman sues after state officials deem vanity license plate ‘offensive’
-Chattanooga Times Free Press: Tennessee gamer hopes to ‘pwn’ state in lawsuit over ‘offensive’ license plate
5. Owens v. Metropolitan Nashville Police Department (won)—Davidson County Chancery Court
Selected Case Documents:
–Plaintiff’s Application for Temporary Injunction
*Order Granting Judgment to Plaintiff
Selected 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
6. R.U. v. State of Tennessee (won)—Davidson County General Sessions Court
Selected Case Documents:
–Petition for Writ of Audita Querela (Redacted)
*Order Granting Writ of Audita Querela
Selected Media Coverage:
-Slate: An Attorney and a DA Are Seeking Justice for Tennesseans Convicted of “Homosexual Acts”
-NPR: How Nashville Man Cleared Of ‘Homosexual Acts’ Conviction Paves The Way
7. Lynne S. Cherry, et al. v. Del Frisco’s Grille of Tennessee, LLC, et al. (on behalf of restrained non-party)—Tennessee Court of Appeals (won)
Selected Case Documents:
–*Order of the Tennessee Court of Appeals
–Petition for Writ of Certiorari
Selected Media Coverage:
8. George v. Hargett (won) (on behalf of Amicus Curiae)—U.S. Court of Appeals for the Sixth Circuit
Selected Case Documents:
–Brief of the “Yes On 1” Campaign as Amicus Curiae
Selected Media Coverage:
-The Tennessean: Fate of Tennessee abortion measure Amendment 1 now up to appeals court
-Pro Life News: Tennessee: Pro-Life Win as Judge Says State Counted Votes Correctly on Amendment 1
-The Tennessean: Amendment 1 plaintiffs on shaky legal ground
-News Channel 5: Vote Counting For Tennessee Abortion Measure Argued In Federal Court
-Yes on 1: Yes on 1 Files State Court Motion on Behalf of Disenfranchised Voters
9. Amy Frogge, et al. v. Shawn Joseph and Metro Nashville Board of Public Education—Tennessee Court of Appeals/Davidson County Chancery Court (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Summary Judgment and Awarding Appellate Fees
*Concurring Opinion Affirming Judgment
*Order Granting Summary Judgment and Denying Defendants’ Motions to Dismiss
*Order Granting $58,543.52 Attorney’s Fee Award
–Principal Brief of Plaintiffs-Appellees
–Reply Brief of Plaintiffs-Appellees
–Plaintiffs’ Memorandum in Support of Motion for Summary Judgment
–Metro Response/Joseph Response In Opposition to Summary Judgment
Selected Media Coverage:
-The Tennessean: Tenn. appeals court finds part of MNPS director Joseph’s severance deal unconstitutional
-Channel 5: Court invalidates censorship clause in MNPS former director Shawn Joseph’s termination contract
-Main Street Nashville: Court rules non-disparagement clause in termination contract was unconstitutional
-The Tennessean: Judge finds part of MNPS director Shawn Joseph’s severance agreement ‘unconstitutional’
-Fox 17: Court order finds clause in ex-MNPS director’s contract is unconstitutional, unenforceable
-Channel 4: Judge rules censorship clause in former Director of School’s severance agreement unconstitutional
10. Pereira v. City of Lakeland, et al.—U.S. District Court for the Western District of Tennessee (won)
Selected Case Documents:
*Final Order and Consent Decree
–Plaintiff’s Motion for Preliminary Injunction
Selected Media Coverage:
-Channel 5: Lakeland ordered to pay woman over $31K after fining her over political yard sign
-The Commercial Appeal: Shelby County woman wins First Amendment case for profane election sign
-New York Times: City Illegally Fined Woman Over Profane Political Yard Sign, U.S. Judge Rules
-TechDirt: Tennessee Woman Scores A Win In Free Speech Lawsuit Filed Over Her ‘Fuck ‘Em Both 2024’ Yard Sign
-Channel 13: Court orders City of Lakeland to pay woman nearly $32K after fining her for “unredacted” political yard sign
11. Johnston v. Rutherford County, Tennessee, et al.—U.S. District Court for the Middle District of Tennessee (won)
Selected Case Documents:
*New Religious Accommodations Policy
*New Detention Protocol Policy
–Defendants’ Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-Channel 2: Muslim woman who was required to remove hijab for booking photo reaches settlement with Rutherford County
-Channel 5: Tennessee woman forced to remove hijab during mug shot gets $100k payout
-The Tennessean: Settlement reached over forced removal of hijab in Rutherford County
-Washington Post: She was forced to remove her hijab for a mug shot, she says. Now, she’s suing.
-The Tennessean: Tennessee county sued over forcing woman to remove hijab for jail booking photo
12. Patrick Malone v. James William Rose, Case No. M2023-01453-COA-WR-CV—Tennessee Court of Appeals (won)
Selected Case Documents:
-*Opinion of the Tennessee Court of Appeals Vacating Prior Restraint
–Brief in Support of Certiorari