TBA Law Blog


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Posted by: Paul Burch on Sep 14, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court today put a temporarily hold on an order restricting the Biden administration to encourage social media companies to remove content it considers misleading, reports Reuters. Justice Samuel Alito, acting for the court, issued an order freezing a lower court's decision finding that federal officials had likely violated the free speech protections by coercing social media platforms into censoring certain posts. Earlier today, the Justice Department asked the justices to stay a decision made Friday by the New Orleans-based 5th U.S. Circuit Court of Appeals that found federal officials had likely violated the free speech protections by coercing social media platforms into censoring certain posts. The administration argued the appeals court imposed “unprecedented limits” on federal agencies’ ability to address matters of public concern, prevent threats to national security and relay information, calling the court’s findings “startling.”

Posted by: Paul Burch on Sep 14, 2023
News Type: Legal News

Two high schools in Nashville were targeted with hoax phone calls yesterday in what police are calling a growing trend around Tennessee and nationally, reports the Tennessean. The FBI has also joined the investigation. Similar calls were made to the Nashville International Airport, a Metro police precinct, Hard Rock Café and the AT&T building downtown last week. The response units include SWAT, police negotiators, a helicopter and victim counselors. Nashville Police spokesperson Kris Mumford said the motive for the calls remains under investigation but that preliminary findings show many of the specific telephoned threats are originating from outside Tennessee. Similar threats in other American cities have also been reported. In Tennessee, it is a class C felony to report threats of bombing or shooting and carries a prison sentence between 3-15 years.

Posted by: Paul Burch on Sep 14, 2023

The Women’s Suffrage National Monument Foundation launched a donation campaign Tuesday to raise an estimated $50 million needed to build a monument on the National Mall, reports the Tennessee Lookout. The campaign, 72-Hours for Women’s Monumental Equality Giving Challenge, will end tomorrow at 11 a.m. CDT. Funds will go towards designing and erecting the monument, which will honor 200 years of efforts by activists who have fought for women’s right to vote on the streets and in the courts. The U.S. House Natural Resources Committee unanimously passed a bill in July that would allow the monument to be constructed on the mall but provided no federal funding.

Posted by: Paul Burch on Sep 14, 2023
News Type: Legal News

A federal judge in Texas yesterday rejected the Biden administration’s latest effort to save the Deferred Action for Childhood Arrivals (DACA) program that has shielded nearly 600,000 undocumented young adults from deportation, reports The Hill. Judge Andrew S. Hanen of the Federal District Court in Houston did not mandate an immediate end to the program. Current applicants will be able to keep and renew their protection, but no new applications will be allowed. DACA was created by executive action during the Obama administration in 2012. A federal district court judge ruled in 2021 that Obama had exceeded his authority in creating the program. In response, the Department of Homeland Security underwent formal rulemaking in 2022 to solidify the basis for DACA. But Hanen found while the government followed the law, the new rule did not address prior issues criticized by the court.

Posted by: Paul Burch on Sep 14, 2023
News Type: Legal News

Applications are now open for the Tennessee Strong Families Grant Program. The program provides the opportunity for nonprofit organizations, including pregnancy centers, to partner with the state to provide support based on the needs of mothers, children and families. Services include pregnancy support, support for Tennesseans considering adoption and workforce assistance to prepare new moms for self-sufficiency. Application materials for the grants are available online in addition to webinars and training and technical assistance.

Posted by: Paul Burch on Sep 14, 2023

The Chattanooga Bar Association last week honored the Tennessee Supreme Court at a reception that also recognized retiring Justice Sharon Lee and welcomed Justice Dwight Tarwater. Lee, who retired Aug. 31, had been the high court’s longest-serving member, having been appointed in 2008 and serving as chief justice from 2014 until 2016. Prior to her time on the Supreme Court, she spent four years on the Court of Appeals. In June, Lee received the TBA's prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award, the association’s highest award for service to the judiciary. See photo here.

Posted by: Paul Burch on Sep 14, 2023
News Type: Legal News

The American Psychological Association unanimously approved a new policy last month that people seeking to be licensed attorneys should not be required to reveal their mental health history or if they have ever had a mental health diagnosis. The APA’s governing Council of Representatives pledged to work alongside the American Bar Association and state bars to remove questions regarding mental health diagnoses or treatment history from character and fitness questionnaires. The U.S. Department of Justice has stated that such questions tend “to screen out individuals with disabilities based on stereotypes and assumptions” and recommended removal of applicant questions about diagnoses. In July, Reuters reported on a recent study of law student well-being and found 44% of respondents said the potential threat to their bar admission might deter them from getting help for a mental health issue.

Posted by: Paul Burch on Sep 14, 2023
News Type: TBA CLE

Family law issues can be fraught, so attorneys need to have as many tools at their disposal as possible. Join your colleagues in Nashville for this year's Family Law CLE on Oct 4. from 9 a.m.- 2:45 p.m. CDT at the offices of Alliance Bernstein, 501 Commerce St, 37203. On-site registration begins at 8 a.m. This program, hosted by the TBA Family Law Section, will provide information on topics from using mental health expert witnesses to criminal contempt and everything in between. Visit the course page for more information. See you in Nashville!

Posted by: Laura Labenberg on Sep 14, 2023
News Type: Legal News

Chattanooga lawyer Brittany Faith, director at Grant, Kovalinka & Harrison PC, has been appointed to the advisory committee of the American Bar Association's Commission on Immigration. Faith was named to the 10-person committee by ABA President Mary Smith. Faith is the immediate past president of the TBA Young Lawyers Division.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Upcoming

The Memphis Lawyers’ Chapter of the Federalist Society will host its annual Constitution Day Program on Sept. 21 from noon to 1 p.m. CDT at the Majestic Grille, 145 S Main St. in Memphis. Lunch will be served from 11:30 a.m. to noon. Attendees will hear from University of Toledo College of Law Professor Lee J. Strang, who will speak on “The Free Exercise of Religion in 2023." Those interested in attending may register online or contact Greg Grisham, 901-333-2076.


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