Tennesseans For Sensible Election Laws v. Herbert H. Slatery, III

Syllabus

This is an action for declaratory judgment and injunctive relief that challenges the constitutionality of Tenn. Code Ann. § 2-19-142, which criminalizes the publication of false statements opposing a political candidate. The complaint was filed by a political campaign committee that engages in direct advocacy for and against political candidates. The defendants, the Tennessee Attorney General and the District Attorney General for the 20th Judicial District of Tennessee, contended the action should be dismissed, inter alia, for lack of subject matter jurisdiction because the campaign committee lacked standing to challenge the constitutionality of the statute. The trial court found that the committee had standing because it faced a credible threat of prosecution and, acting upon the campaign committee's motion for summary judgment, the trial court held that Tenn. Code Ann. § 2-19-142 contravenes the First Amendment to the United States Constitution and article I, section 19 of the Tennessee Constitution. The court also awarded the campaign committee its attorney's fees pursuant to 42 U.S.C. § 1988(c) as the prevailing party. We have determined the campaign committee failed to establish that it had standing to challenge the constitutionality of Tenn. Code Ann. § 2-19-142 therefore, we hold that the trial court lacked subject-matter jurisdiction to rule on the matter. For these reasons, we vacate the judgment of the trial court, including the award of attorney's fees to the campaign committee, and remand with instructions to dismiss.