The Law Office of Daniel A. Horwitz, Esq.

First Amendment and Speech Defense

“Phenomenal, passionate, man of integrity” –Armand, Constitutional Law 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

Selected Recent First Amendment and Speech Defense Case History:

1. 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

*Order Awarding $10,000.00 in Attorney’s Fees

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: 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

2.  Deja Vu of Nashville, et al. v. Metropolitan Government, et al.—U.S. District Court for the Middle District of Tennessee (won)

Selected Case Documents:

*Memorandum Opinion and Order Dismissing Complaint With Prejudice


–Schipani Memorandum in Support of Her Motion to Dismiss

Deja Vu’s Response to Schipani’s Motion to Dismiss

–Schipani Motion to Stay Proceedings

–Order Granting Schipani’s Motion to Stay

–Metro’s Motion to Dismiss

Selected Media Coverage:

–Nashville Business Journal: Judge sides with Metro officials, property owner in strip-club legal battle

–Patch: Nashville Strip Club Sues City Claiming ‘Conspiracy’

–Nashville Business Journal: Nashville strip club takes aim at Metro officials, local business owners in newly filed suit

–Nashville Business Journal: Metro fights back in strip-club legal battle

3.  The Dog Spot v. Byer et al.—Davidson County Circuit Court (won)

Selected Case Documents:

The Dog Spot Complaint

Defendant Hardin Motion to Transfer & Exhibits

Defendant Hardin’s Memorandum in Support of Motion to Dismiss

Hardin Motion to Dismiss

-*Order Dismissing Lawsuit With Prejudice

Selected Media Coverage:

–News Channel 5: Libel Lawsuit Dropped By Doggie Daycare

-The Nashville Scene: The Dog Spot Sues Two East Nashville Facebook Group Members for Libel

-The Tennessean: The Dog Spot East Nashville files $2 million libel lawsuit against Facebook commenters

-Nashville Business Journal: Nashville pet store files $2M suit over Facebook comments

-Channel 4 News: Owners of The Dog Spot file lawsuit over Facebook posts

-News Channel 5: Libel Suit From Doggie Day Care Hopes To Fetch $2 Million

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

Selected Case Documents:

*Order Granting Declaratory Judgment to Plaintiff

Plaintiff’s Complaint

Plaintiff’s Application for Temporary Injunction

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

5.  Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance et al.Davidson County Chancery Court (won) (appeal pending)

Selected Case Documents:

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

Chancery Court Memorandum and Order

Chancery Court Order Awarding Attorney’s Fees

Selected Media Coverage:

-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

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