Nashville Attorney Sues Federal Judges Over Gag Order Barring Him From Talking About a Notorious Prison
For the past two years, a Nashville attorney hasn’t been able to publicly talk about a private prison company he’s sued multiple times for civil rights abuses. Now that attorney has filed a First Amendment lawsuit against a federal court district and four federal judges, arguing that gag order violated his own civil rights.
Attorney Daniel Horwitz, represented by the Institute for Justice, a libertarian-leaning public interest law firm, filed a lawsuit against the U.S. District Court for the Middle District of Tennessee and four district court judges, arguing that the local rule used to gag him violates his First Amendment rights as-applied and is unconstitutional on its face.
Because of the gag order, Horwitz, says, he’s been unable to publicly comment about deaths inside the prison. When the Department of Justice announced an investigation into conditions at the same facility this August, Horwitz had to turn down interview requests from media.
“Tweeting about and discussing my cases is a vital part of winning, not only in the courtroom, but with the public,” Horwitz said in an Institute for Justice press release. “Seeking media attention not only helps my clients, but also raises awareness of unconstitutional practices being carried out by the government and its contractors. This helps educate both the public and lawmakers on the repercussions of unconstitutional laws.”
In July of 2022, a federal magistrate judge issued a gag order against Horwitz barring him from making public comments in a wrongful death lawsuit he was pursuing against CoreCivic, a private prison company that operates the state’s Trousdale Turner Correctional Center (TTCC). The judge also ordered Horwitz to delete dozens of past tweets about the company.
Horwitz is a prolific civil rights litigator in Tennessee. He has represented, among many others, a software company illogically targeted by the state cosmetology board, drug offenders serving mandatory minimum sentences that have been repealed, and a family who was terrorized by a drunk, off-duty NYPD officer who called them racial slurs and threatened to shoot them.
CoreCivic is one of Horwitz’s most frequent courtroom opponents; he’s represented plaintiffs in nine separate lawsuits against the company since 2020. Horwitz often tweeted about chronic understaffing and wrongful deaths at TTCC. In one tweet he wrote that “the degree of profit-motivated deliberate indif
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