PATRICK M. MALONE v. JAMES WILLIAM ROSE, ET AL. - Articles

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PATRICK M. MALONE v. JAMES WILLIAM ROSE, ET AL.

Posted by: Tanja Trezise on Mar 26, 2024

Court: TN Court of Appeals

Attorneys 1: Daniel A. Horwitz, Lindsay Smith, and Melissa Dix, Nashville, Tennessee, for the petitioner, Michael P. Malone.

Attorneys 2: Ashley Goins Alderson and Mary Liz King, Nashville, Tennessee, for the respondents, James William Rose and Jennie Adams Rose.

Judge(s): SWINEY

This matter concerns prior restraint on speech. Patrick M. Malone (“Father”) is a party to an action in the Chancery Court for Williamson County (“the Trial Court”) against maternal grandparents James William Rose and Jennie Adams Rose (“Respondents”) concerning Father’s minor child, Rosie (“the Child”). Father’s father, Michael P. Malone (“Petitioner”), testified voluntarily at a hearing on Father’s motion to set bail pending appeal of Father’s convictions for criminal contempt. In two written orders, the Trial Court ordered Petitioner not to discuss the legal proceedings of Father’s case with the Child. Petitioner, a non-party, filed a petition for writ of certiorari in this Court seeking reversal of the Trial Court’s orders against him as he contends they were improper. We granted the petition. The Trial Court’s restrictions lack an adequate evidentiary basis. In addition, the Trial Court erred in abridging Petitioner’s constitutional right to free speech when Petitioner is a non-party who lacked the benefit of notice or a hearing. We reverse the provisions of the Trial Court’s orders dated August 15, 2023 and August 17, 2023 restraining Petitioner from discussing the legal proceedings of Father’s case with the Child.

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