The Law Office of Daniel A. Horwitz, Esq.

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 Complaint

Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction

Defendants’ Answer

Plaintiff’s Pre-Trial Brief

Defendants’ Pre-Trial Brief

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:

Petitioner’s Principal Brief

Respondent’s Brief

Petitioner’s Reply Brief

Brief of Amici Curiae The Beacon Center, Cato Institute, and Goldwater Institute

Petition of Vanderbilt Law School and University of Tennessee College of Law

-*Order Granting Writ

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

*Order Dismissing Complaint

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.  Loftis v. Rayburn—Davidson County Circuit Court/Tennessee Court of Appeals (won)

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: The Tennessean: Judge awards Randy Rayburn $10,000 after ‘far-fetched’ defamation suit was dismissed

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

-TechDirt: Appeals Court Finally Shuts Down Bogus Lawsuit Targeting A School Official For Words A Journalist Wrote

-The Nashville Business Journal: Court of Appeals dismisses lawsuit against Nashville restaurateur

-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

-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

5.  Owens v. Metropolitan Nashville Police Department (won)—Davidson County Chancery Court

Selected Case Documents:

Plaintiff’s Complaint

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:

-TechDirt: Appeals Court Smacks Down Unconstitutional Injunction Obtained By A Lawyer To Silence Someone Who Left A Negative Review

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’ Complaint

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