TBA Law Blog


Posted by: Stacey Shrader Joslin on Oct 9, 2023

Last Thursday, a three-judge panel on the Sixth U.S. Circuit Court of Appeals dismissed a challenge to a Tennessee law that criminalizes distribution of absentee ballot applications by anyone other than an election commission employee. The decision stems from a lawsuit brought by civil rights and labor groups against Tennessee Secretary of State Tre Hargett. The groups had argued the law violates the U.S. Constitution’s first and 14th amendments by chilling “core political speech” without serving a compelling state interest. A lower court had dismissed the suit in 2021, finding that the law dealt with conduct not speech. Read more from Democracy Docket or read the decision.