TBA Law Blog


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Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

Gov. Bill Lee on May 9 signed the "Protecting Everyone Against Crime and Extremism Act," or PEACE Act, aimed at curbing hate group activity and intimidation. Prompted by recent neo-Nazi marches and antisemitic incidents, WBIR reports, the law makes it a Class A misdemeanor to litter or trespass with intent to intimidate, including leaving unsolicited flyers without permission. It also enforces stricter rules for interactions with law enforcement, such as requiring individuals to identify themselves or step back from active crime scenes when ordered. Additional provisions ban riding in box trucks and hanging items over highways without permission, raising concerns among some about potential conflicts with free speech protections.

Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

Three Williamson County School Board members and three county commissioners are suing the Tennessee Department of Education, claiming the state is underfunding the school district by roughly $3,000 per student compared to the state average. The lawsuit argues the Tennessee Investment in Student Achievement (TISA) funding formula penalizes wealthier counties with higher fiscal capacity, forcing local governments to shoulder an unfair financial burden. The Williamson Scene reports that some local officials and board members criticized the lawsuit for being filed without broader collaboration or notice, calling it a political stunt. Meanwhile, other state leaders acknowledged the funding challenges and highlighted recent efforts to direct additional resources to high-performing districts like Williamson County.

Posted by: Julia Wilburn on May 20, 2025
News Type: Legal News

The University of Tennessee (UT) last week conferred an honorary Doctor of Laws degree on Rita Sanders Geier, a civil rights icon. Geier attended Fisk University, then received her master's degree from the University of Chicago and her law degree from Vanderbilt University Law School. Along with four other plaintiffs, Geier filed a class action lawsuit against the state of Tennessee in 1968, arguing that Black students and faculty members were segregated from equal higher education opportunities. The lawsuit brought systemic change to higher education systems across the South, including through the 2001 Geier Consent Decree, which provided $77 million from the state of Tennessee to help diversify institutions and fund scholarships. During the graduation ceremony, Geier urged students to bring change to those around them, saying, "Look to where you can make the greatest impact for the greatest number, for the greatest good, and you will find it. It doesn't have to be held in an office position. It can be as a neighbor that looks out for those next door." UT Chancellor Donde Plowman and Law Dean Lonnie Brown were on hand to present the honor. Knox News has the story.

Posted by: Stacey Shrader Joslin on May 20, 2025
News Type: Legal News

The Tennessee Alliance for Legal Services (TALS) is accepting nominations for its three annual Access to Justice Awards: the Janice M. Holder Award, the B. Riney Green Award and the New Advocate of the Year Award. Nominations and any supporting documents must be submitted by July 20. The awards will be presented at the Equal Justice University (EJU) Conference, which will take place Aug. 27-29. Learn more about the awards process or EJU 2025.

Posted by: Azya Thornton on May 19, 2025
News Type: Legal News

Members of the TBA's 2025 Leadership Law (TBALL) class made their way to Columbia last week for a session focused on service and effective communication. Participants heard from Columbia Mayor Chaz Molder, who discussed running for office as a lawyer, and Lawrenceburg lawyer Ryan Durham who provided a session on being a good advocate and overcoming disability. Nashville lawyer Donald Capparella and Tennessee Shakespeare Company’s Denice Hicks provided an interactive class on public speaking, with former Channel 5 Nashville news reporter and current Sherrard Roe member Amy Rao Mohan wrapping up the day with a session on media relations. View photos from the event.

Posted by: Azya Thornton on May 19, 2025
News Type: Legal News

A new state law protects Tennessee universities from anticipated antitrust lawsuits by athletes unhappy with the player-pay rules coming to college sports, and could accelerate the shift toward a professional model, Knox News reports. According to the paper, the law grants Tennessee universities flexibility to pay players without fear of legal repercussions or NCAA sanctions. A new NCAA system for paying athletes could begin as early as July 1, pending a multibillion-dollar settlement that would resolve three federal antitrust lawsuits against the NCAA and four power conferences. The settlement is expected to include new rules on revenue sharing, roster limits and NIL pay. About a dozen states have enacted similar laws, but Tennessee’s is believed to one of the most athlete-friendly Name, Image and Likeness (NIL) laws in the country, according to On3 Media. Gov. Bill Lee signed SB536/HB194 into law on May 1.

Posted by: Azya Thornton on May 19, 2025
News Type: Legal News

One of Chattanooga's longest-serving broadcasters, Earl Freudenberg, was this year's recipient of the Liberty Bell Award from the Chattanooga Bar Association (CBA). The award, which recognizes community service that strengthens America’s system of freedom under the law, was presented at the CBA's Law Day event earlier this month. Freudenberg, known to his listeners as “Hey Earl,” began his career in the 1960s as a news director and talk show host. He also is known for his service to the Forgotten Child Fund, Red Bank Jubilee, Armed Forces Day program and countless other community activities. Former TBA presidents Paul Campbell, Marcy Eason, Sam Elliott and Bill Haltom attended the event, where Haltom gave the keynote address. He spoke about his book "The Other Fellow May Be Right: The Civility of Howard Baker." See a photo of the group. Read more about the event on Local News 3.

Posted by: Azya Thornton on May 19, 2025
News Type: Legal News

Two protesters arrested in 2024 on the University of Tennessee at Knoxville campus have filed a federal lawsuit claiming their First Amendment rights were violated. Siblings Hasan Husain and Layla Soliz filed the joint lawsuit on May 15, one year after the arrests. The suit names the Tennessee Board of Regents, University of Tennessee trustees and UT System President Randy Boyd as defendants. The two were part of a group of pro-Palestinian demonstrators arrested and charged with criminal trespass after attending a pro-Palestine vigil. All were released without having to pay bail, according to Knox News. The lawsuit centers on what Husain and Soliz describe as violations against “nonviolent community members who were not violating any laws,” and alleges that the arrests were intended to intimidate demonstrators. In March, Soliz was awarded $71,500 by the Knox County Sheriff’s Office after the department published her mug shot online without her hijab.

Posted by: Julia Wilburn on May 19, 2025

Nashville lawyer Laura Kidwell will receive the Tennessee Bar Association’s (TBA) prestigious Justice Joseph W. Henry Award for Outstanding Legal Writing on June 13 during the group's Annual Convention in Franklin. The award, which will be presented at the Lawyers Luncheon, was established more than 40 years ago and is given each year to the lawyer who writes the most outstanding article published in the Tennessee Bar Journal for the preceding year. Kidwell is being honored for her article It Is So Ordered: A Primer on Tennessee’s Final Judgment Rule, which appeared in the March/April 2024 issue of the Journal. Kidwell is a legal consultant for the University of Tennessee (UT) – Municipal Technical Advisory Service where she serves cities and towns in Middle Tennessee. Prior to joining UT last fall, she served at the Office of the Tennessee Attorney General (AG) and Reporter in the Solicitor General’s Office. 

In announcing the selection of Kidwell, TBA President Ed Lanquist Jr. said, “Laura's winning article is exactly what the Joe Henry Award sets out to honor: straightforward and concise writing that explains the legal process of the final judgment rule in civil actions, as well as its exceptions.” The award is named for Joseph W. Henry, a former chief justice of the Tennessee Supreme Court, who was known for his forthright and clear writing. Read more in a press release from the TBA.

Posted by: Stacey Shrader Joslin on May 19, 2025

The U.S. Supreme Court on Friday extended its ban on the removal of Venezuelan men currently in immigration custody in Texas, under the Alien Enemies Act, SCOTUSblog reports. In an unsigned opinion, the justices found that the U.S. 5th Circuit Court of Appeals erred when it dismissed the detainees’ appeal of their removal based on a belief that it lacked authority to review it. The justices sent the case back to the appeals court for a determination of the procedures detainees are entitled to in order to challenge their removal. The opinion also stressed that it was not addressing the underlying question of whether detainees can be removed under the Alien Enemies Act. Justices Samuel Alito and Clarence Thomas issued a dissent saying the court had “no authority to issue any relief.” Justice Brett Kavanaugh wrote a short concurring opinion arguing that the Supreme Court should have resolved the issue itself, rather than sending it back to the lower court. In March, the administration initiated efforts to remove noncitizens designated as members of the Venezuelan gang Tren de Aragua under the Alien Enemies Act. Lower courts, including those in Pennsylvania, Texas and Washington, D.C., have issued various rulings on the effort.


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