Daniel A. Horwitz
@danielahorwitz.bsky.social
Constitutional litigator. Public interest/First Amendment/civil rights/innocence/election litigation. Nashville politics. Anti-SLAPP evangelist. Email daniel at horwitz.law. My views are my employer’s.
For those of you who aren't programmers, 429 is the code for my children
November 11, 2025 at 3:36 AM
For those of you who aren't programmers, 429 is the code for my children
Intermediate Scrutiny for November 1–7, 2025: horwitzlawpllc.cmail19.com/t/y-e-qulhuo...
November 9, 2025 at 6:42 PM
Intermediate Scrutiny for November 1–7, 2025: horwitzlawpllc.cmail19.com/t/y-e-qulhuo...
Also, just for fun, here was the District Court’s pre-enforcement standing analysis in my own case, which followed *me getting gagged and ordered to delete statements under threat of contempt and then the same court declining to find the challenged rule problematic in a separate case after that*:
November 7, 2025 at 1:12 AM
Also, just for fun, here was the District Court’s pre-enforcement standing analysis in my own case, which followed *me getting gagged and ordered to delete statements under threat of contempt and then the same court declining to find the challenged rule problematic in a separate case after that*:
I almost can’t believe this. I spend an absurd amount of time litigating pre-enforcement standing in the 6th Circuit, which makes establishing pre-enforcement standing near impossible. *En banc,* the 6th Circuit just blessed pre-enforcement standing in a culture war case with wafer-thin analysis.
November 7, 2025 at 12:44 AM
I almost can’t believe this. I spend an absurd amount of time litigating pre-enforcement standing in the 6th Circuit, which makes establishing pre-enforcement standing near impossible. *En banc,* the 6th Circuit just blessed pre-enforcement standing in a culture war case with wafer-thin analysis.
🙄 What a fucking joke this guy is.
November 5, 2025 at 1:10 PM
🙄 What a fucking joke this guy is.
November 2, 2025 at 10:13 PM
So I got qualified for a line of credit, which I did not realize was a public event. Within minutes, I have been spammed incessantly by seemingly every lender in the country. They’ve been going all day. This seems like it should not be a thing?
October 20, 2025 at 9:07 PM
So I got qualified for a line of credit, which I did not realize was a public event. Within minutes, I have been spammed incessantly by seemingly every lender in the country. They’ve been going all day. This seems like it should not be a thing?
Somehow these three quotes from three separate dipshits who didn’t attend (two of whom don’t live in Nashville) made it into the article about the event.
October 19, 2025 at 2:52 AM
Somehow these three quotes from three separate dipshits who didn’t attend (two of whom don’t live in Nashville) made it into the article about the event.
Intermediate Scrutiny for October 4–10, 2025: horwitzlawpllc.cmail19.com/t/y-e-qhiuut...
October 12, 2025 at 11:53 PM
Intermediate Scrutiny for October 4–10, 2025: horwitzlawpllc.cmail19.com/t/y-e-qhiuut...
October 11, 2025 at 12:04 AM
I tend to agree—and am ok with the analysis—as long as federal courts start adopting this reasoning for other critical anti-SLAPP provisions that do not plausibly conflict with federal rules of procedure (a small minority of courts do):
October 10, 2025 at 12:15 PM
I tend to agree—and am ok with the analysis—as long as federal courts start adopting this reasoning for other critical anti-SLAPP provisions that do not plausibly conflict with federal rules of procedure (a small minority of courts do):
Intermediate Scrutiny for September 20–October 3, 2025: horwitzlawpllc.cmail20.com/t/y-e-qhytud...
October 6, 2025 at 12:03 AM
Intermediate Scrutiny for September 20–October 3, 2025: horwitzlawpllc.cmail20.com/t/y-e-qhytud...
September 26, 2025 at 11:22 PM
That’s my pops! Shana tova, folks.
September 23, 2025 at 3:04 AM
That’s my pops! Shana tova, folks.
I genuinely don’t understand how Speaker Johnson has time for this. Congressmen shouldn’t have side-hustles.
September 22, 2025 at 12:15 PM
I genuinely don’t understand how Speaker Johnson has time for this. Congressmen shouldn’t have side-hustles.
Intermediate Scrutiny for September 6-19, 2025: horwitzlawpllc.cmail19.com/t/y-e-qdinjl...
September 21, 2025 at 9:17 PM
Intermediate Scrutiny for September 6-19, 2025: horwitzlawpllc.cmail19.com/t/y-e-qdinjl...
Once a week, when I am sitting in an ergonomically criminal pew waiting for a Friday motion to be called, I peruse LinkedIn, which is hands down the most unhinged and ridiculous toxic social media app for lawyers, and it almost never disappoints. This is *atrocious* advice for many obvious reasons.
![Case rejection is an art.
Most lawyers are bad at it.
There is a skill to telling someone in a dignified manner that the problem they called you about is not a problem worth you solving.
Most lawyers chicken out and give some version of “It’s a good case, but my caseload is too high right now, you should call [insert that cross-town-kind-of-rival you don't think very highly of]."
We all know that if it actually were a good case, you'd figure out how to make some room...
That dodge is a disservice to the client.
Because what the client walks away believing is “some other lawyer will want my case.”
They keep making calls, wasting time, and hanging on to false hope.
Or they end up with some mass advertising mill who won't vet the case (or do any research) until they dump the client 3 months before the SOL.
The hard (and right) thing is to tell them the truth:
“This isn’t a case. And here’s why.”
Done respectfully, it gives the person clarity, closure, and the freedom to move on.
That’s what professionals do.
(Though if you want to CYA, you can always tell them to call that cross-town rival for a second opinion 🤣 ).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:yenteuievxe36fayisxoceed/bafkreiajatlvh6vnhmeq4noft7caretx2ke2z5c4ilqhlzzblcqrg3ydcq@jpeg){kind=icon}
September 19, 2025 at 5:08 PM
Once a week, when I am sitting in an ergonomically criminal pew waiting for a Friday motion to be called, I peruse LinkedIn, which is hands down the most unhinged and ridiculous toxic social media app for lawyers, and it almost never disappoints. This is *atrocious* advice for many obvious reasons.
Honestly it’s starting to feel like they aren’t sending their best
September 16, 2025 at 12:51 PM
Honestly it’s starting to feel like they aren’t sending their best
Almost makes you wonder how people feel when they are seized and interrogated by armed agents of the State for no fucking reason
September 9, 2025 at 5:19 PM
Almost makes you wonder how people feel when they are seized and interrogated by armed agents of the State for no fucking reason
Intermediate Scrutiny for August 30-September 5, 2025: horwitzlawpllc.cmail20.com/t/y-e-qihiia...
September 8, 2025 at 1:48 AM
Intermediate Scrutiny for August 30-September 5, 2025: horwitzlawpllc.cmail20.com/t/y-e-qihiia...
You and an overwhelming majority of other people, per the poll we conducted!
September 6, 2025 at 2:50 PM
You and an overwhelming majority of other people, per the poll we conducted!
Intermediate Scrutiny for August 23-29, 2025: horwitzlawpllc.cmail19.com/t/y-e-qitlio...
August 31, 2025 at 8:41 PM
Intermediate Scrutiny for August 23-29, 2025: horwitzlawpllc.cmail19.com/t/y-e-qitlio...
I mean, the state’s witnesses were pretty candid (though they pretended to embrace the government’s position at trial). The only people really advocating the charade were its lawyers. This was from the state rep depo:
August 31, 2025 at 4:40 PM
I mean, the state’s witnesses were pretty candid (though they pretended to embrace the government’s position at trial). The only people really advocating the charade were its lawyers. This was from the state rep depo: