TBA Law Blog


Posted by: Azya Thornton on Oct 2, 2024

A Nashville attorney is suing the U.S. District Court for the Middle District of Tennessee, challenging the court’s use of gag orders that restrict attorneys from speaking to the media about ongoing litigation. Daniel Horwitz, represented by the Institute for Justice, argues that the court’s Local Rule 83.04, which governs attorney statements, is unconstitutional and places an unfair burden on attorneys to prove their speech will not harm proceedings. According to the Nashville Banner, Horwitz believes the rule is particularly problematic in cases involving government contractors, such as his recent lawsuit against CoreCivic over a wrongful death case at Trousdale Turner Correctional Facility. Core Civic filed a motion to invoke the rule against Horwitz, which a federal magistrate granted and then required Horwitz to delete social media posts related to the case.