Horwitz Law, PLLC Files Suit to Vindicate Nashville Woman’s First Amendment Right to Display Vanity Plate
When Nashville woman Leah Gilliam purchased a vanity plate to celebrate her interests in astronomy and gaming, it did not occur to her that her constitutionally protected speech could land her in jail. Due to the Tennessee Department of Revenue’s determination—more than a decade after the fact—that Ms. Gilliam’s “69PWNDU” vanity plate is illegally “offensive,” though, she is now at risk of prosecution if she does not submit to the State of Tennessee’s unlawful prior restraint. Accordingly, Horwitz Law, PLLC has filed suit on Ms. Gilliam’s behalf, arguing that Tennessee’s vanity plate law violates the First Amendment by discriminating based on viewpoint and is unconstitutionally vague.
“The First Amendment forbids the government from discriminating against citizens based on the viewpoint they express,” said Horwitz Law, PLLC principal Daniel A. Horwitz, who represents Ms. Gilliam along with attorneys Lindsay Smith and David Hudson. “Ms. Gilliam’s harmless vanity plate is transparently protected by the First Amendment, and the only illegality involved is the Tennessee Department of Revenue’s decision to violate her First Amendment rights.”
In addition to her lawsuit against Tennessee Department of Revenue Commissioner David Gerregano, Ms. Gilliam has filed an application for a temporary injunction seeking to enjoin enforcement of Tennessee’s vanity plate revocation law against her pending the conclusion of judicial review.
Daniel A. Horwitz is a First Amendment and speech defense lawyer who represents clients across Tennessee. If you are seeking speech defense or First Amendment representation, you can purchase a consultation from Horwitz Law here.
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