In Flade v. City of Shelbyville, Robert E. Lee Flade brought a lawsuit against several individuals, alleging defamation based on comments they made online.
In response, two of the defendants invoked the Tennessee Public Participation Act TPPA, a law designed to protect free speech by allowing defendants to seek dismissal of lawsuits aimed at silencing their opinions.
They argued that Flade’s lawsuit was a strategic attempt to punish them for exercising their First Amendment rights.
However, before the court could address the defendants’ motions under the TPPA, Flade voluntarily dismissed his lawsuit. Despite the dismissal, the defendants urged the court to continue reviewing their claims for protection under the TPPA, particularly because of the legal costs they incurred.
The Tennessee Supreme Court, in a decision penned by Justice Jeff Bivins, upheld the rulings of both the trial court and the Court of Appeals.
The courts found that under Tennessee law, plaintiffs have a well-established right to voluntarily dismiss their cases, which Flade exercised.
The court emphasized that this right remains intact and is not easily overridden by recent legislative changes or the financial interests of the defendants.