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Daniel A. Horwitz Profile picture
Daniel A. Horwitz
@danielahorwitz
Constitutional litigator. Public interest/1st Amendment/civil rights/election litigation. Nashville politics. Anti-SLAPP evangelist. Email daniel at https://t.co/qQESe1GNwt
Atom of Eden Profile picture 1 subscribed
Oct 9, 2022 • 5 tweets • 2 min read
So earlier this year, I got a tip that @TNTDOC1 had crashed a prison transport van carrying 15 inmates. To my knowledge, there was never any reporting on this accident. After much public records wrangling, I finally got the records, including some body cam footage. It happened. There is a curiosity in the records, which is a short report indicating that nobody was injured.
Sep 5, 2022 • 4 tweets • 3 min read
Wait holy shit, how did none of you tell me this opinion had dropped?! Looking at you @mmasnick. (Via @ShortCircuit_IJ.)

cdn.ca9.uscourts.gov/datastore/opin… #NeverForget
Sep 4, 2022 • 10 tweets • 4 min read
With thousands of people flooding my mentions confused about the First Amendment and censorship, now seems like as good a time as any to teach people a little bit about the First Amendment and censorship! So here's a thread. Being the government and using the government to forbid, by law, people from truthfully criticizing a public figure—censorship, and a First Amendment violation: newschannel5.com/news/court-inv….
Sep 4, 2022 • 23 tweets • 8 min read
I remain confused about why Twitter gave Berenson back his account instead of just beating the remaining claim in his SLAPP-suit. Encourages nonsense like this by giving people the misimpression that he “won.” RIP mentions
May 29, 2022 • 28 tweets • 7 min read
As news of the completely unacceptable and grossly negligent police response to an active massacre at an elementary school somehow gets worse by the day, I want to take a moment to highlight how pernicious the public duty doctrine is and how it immunizes and promotes negligence. First, some background: You don't have a federal constitutional right to police protection, says the U.S. Supreme Court. A bad rule, to be sure.

nytimes.com/2005/06/28/pol…
May 25, 2022 • 4 tweets • 2 min read
Among other things: Civil liability for negligent transfers. Civil liability for selling to unauthorized purchasers. Civil liability for negligent failure to secure firearms. Etc. Note: With sufficiently egregious facts—where you can show a transferor knew of some specific danger a recipient posed—some such fact patterns are already winnable: tennessean.com/story/news/cri…. But in the large majority of cases, a subsequent crime will break the chain of causation.
May 25, 2022 • 4 tweets • 2 min read
Far from the most important part of this conversation, but every state—Tennessee included—needs to get rid of what is usually called “the public duty doctrine.” Despite the name, it means you cannot sue law enforcement for negligent failures to perform duties owed to the public. The professed theory behind the doctrine is that the political process is sufficient to address such failures. There is abundant evidence to the contrary, of course. But courts have not re-examined the doctrine regardless. Go figure.
May 24, 2022 • 6 tweets • 2 min read
Just to give you all a sense of this: Competently preparing a case for post-conviction review takes significantly more work than preparing a case for trial. You have to retrace everything from day one to figure out where trial counsel goofed. Ditto for direct appeal counsel. 1/x Then you have to litigate all of that at an evidentiary hearing—basically, another trial—in front of a hostile judge who has already approved your client’s conviction. And you have to do it based on a terrible standard of review that is almost impossible to clear. 2/x
Jun 16, 2021 • 6 tweets • 3 min read
Ah yes, “passes away” is definitely how one would reasonably describe being killed by tasing. Imagine writing this after your department tases a guy to death. Image
Jun 12, 2021 • 4 tweets • 2 min read
The automatic stay is so stupid and susceptible to pervasive abuse. It also assumes, often wrongly, that the sole purpose of civil claims is to obtain money or property.
Jun 12, 2021 • 9 tweets • 5 min read
I have argued for years that huge chunks of our Establishment Clause jurisprudence are exposed by the simple fact that if you switched the word “God” in whatever prayer, symbol, etc. people claim is perfectly fine to “Allah,” the very same people would have a fucking aneurysm. This is also the most unintentionally funny news clip I’ve seen in awhile. They introduce Mr. Dumb Dumb by claiming that the charge that he “melted down” about this was “clickbait,” and he responds by launching right into demanding a(n obviously baseless) criminal investigation.
Jun 8, 2021 • 5 tweets • 2 min read
For the eleventy billionth time, deciding what speech you want to carry and what speech you want to exclude is an *exercise* of the First Amendment—not a violation of it—and “amending Section 230” won’t alter that reality, because the First Amendment itself protects that right. Their angle is that while Facebook, Twitter, Google, and other behemoths can afford the compliance costs of Section 230 reform, their would-be competitors can’t. Regulating the competition out of business is a tactic as old as time.