Tennessee’s Ethics Board Seeks to Toss Free Speech Suit

Tennessee’s professional responsibility board aims to dismiss a free speech suit by a non-profit seeking to help low-income criminal defendants.

In a dismissal motion filed Tuesday, the state agency said it was immune from suit because it wasn’t a “person” under federal law.

The defendants, who also include Davidson County Judge Cheryl Blackburn, argue additionally that the case should be dismissed because of an ongoing disciplinary proceeding against Choosing Justice Initiative founder Carol Dawn Deaner, where she can raise her constitutional claims. Furthermore, they say, it should be thrown out if it proceeds for failure to state a claim.

Deaner ...