In a unanimous panel opinion, the Tennessee Court of Appeals has affirmed a ruling by Davidson County Chancery Court Judge Ellen Hobbs Lyle that two of Tennessee’s campaign finance statutes unlawfully discriminate against non-partisan speakers and violate the First Amendment. As a result, the trial win by Tennesseans for Sensible Election Laws—represented by First Amendment attorney Daniel A. Horwitz—was “affirmed in all respects and remanded for further proceedings.” Upon remand, Horwitz’s client was awarded $50,218.49 in attorney’s fees, costs, and interest. A formal notice that the judgment had been paid and received in full was filed with the court on August 19, 2020.
“Political parties cannot lawfully censor non-partisan speakers while reserving special treatment in the political process for themselves,” Horwitz wrote in a statement to The Tennessean. “Tennesseans for Sensible Election Laws is proud of this historic First Amendment victory, which makes Tennessee’s democratic process just a little bit freer for everyone.”
Daniel Horwitz is a free speech and election lawyer who represents clients across Tennessee. If you would like to purchase a consultation from him, you can do using the form below.