Judge limits lawyer’s tweets about prison firm he’s suing
NASHVILLE, Tenn. (AP) — A federal magistrate judge has ordered an attorney suing a private prison firm over an inmate’s death to delete certain tweets — one of which describes the company as a “death factory” — and restrict his public commentary going forward. U.S. Magistrate Judge Jeffery Frensley issued the order last week in response to an argument from Tennessee-based CoreCivic that the public posts put the company’s right to a fair trial at risk. Attorney Daniel Horwitz, who is suing the company over the death of an inmate at Trousdale Turner Correctional Center, had argued that his posts amounted to constitutionally protected free speech. He said his clients and other inmates at CoreCivic facilities could benefit if public scrutiny leads to changes in their prisons. The judge agreed with the company. “Trials are meant to occur in the courtroom, not in the media,” the judge wrote. “While litigation is still pending attorneys should not actively seek out media attention that could disrupt judicial proceedings or interfere with an opposing party’s right to a fair trial.” The judge wrote that Horwitz’s obligation is “to be an advocate, not an investigative journalist,” and said the attorney could be held in contempt of court if he continues to seek news media attention in the case.
Judge limits lawyer’s tweets about prison firm he’s suing
NASHVILLE, Tenn. (AP) — A federal magistrate judge has ordered an attorney suing a private prison firm over an inmate’s death to delete certain tweets — one of which describes the company as a “death factory” — and restrict his public commentary going forward. U.S. Magistrate Judge Jeffery Frensley issued the order last week in response to an argument from Tennessee-based CoreCivic that the public posts put the company’s right to a fair trial at risk. Attorney Daniel Horwitz, who is suing the company over the death of an inmate at Trousdale Turner Correctional Center, had argued that his posts amounted to constitutionally protected free speech. He said his clients and other inmates at CoreCivic facilities could benefit if public scrutiny leads to changes in their prisons. The judge agreed with the company. “Trials are meant to occur in the courtroom, not in the media,” the judge wrote. “While litigation is still pending attorneys should not actively seek out media attention that could disrupt judicial proceedings or interfere with an opposing party’s right to a fair trial.” The judge wrote that Horwitz’s obligation is “to be an advocate, not an investigative journalist,” and said the attorney could be held in contempt of court if he continues to seek news media attention in the case.