Federal Court Drops Rule that Limited Speaking Publicly About Cases - Articles

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Federal Court Drops Rule that Limited Speaking Publicly About Cases

Posted by: Stacey Shrader Joslin on May 22, 2025

The U.S. District Court for the Middle District of Tennessee has changed its local rules to clarify that attorneys may speak on social media and to news media about their cases without fear, The Tennessean reports. In a filing signed by all four judges, the local rules were revised on May 15 to address concerns over a “gag order” that was placed on attorney Daniel Horwitz during litigation against private prison company CoreCivic. Now, the rule simply states that attorneys are bound by Tennessee’s rules of professional conduct. Institute for Justice attorney Jared McClain, who represented Horwitz in challenging the rule, said, “This is a huge win for the First Amendment in Middle Tennessee. Attorneys have a right to discuss their cases, and the public has a right to know what the government and its contractors are doing wrong.” Horwitz had challenged the order and while his appeal is still pending, the court's action resolves the matter according to the paper.