Update, Dec. 21: The Metro Council voted to approve the settlement on Tuesday night.
Disclosure: Joshua Lipscomb, also known as comedian Josh Black, contributes occasional videos for the Nashville Scene on a freelance basis.
Metro’s legal department has recommended that the city settle for $450,000 after suspending Nashville Fire Department employee Joshua Lipscomb in March 2022. A tweet by Lipscomb on a personal account provoked a 16-day suspension from Metro, which Lipscomb alleged in a lawsuit violated his First Amendment right to free speech.
In February, Lipscomb, who is Black, said that “the majority of Nashville city council is white supremacists” in a tweet about voting in local elections. The court appeared to favor Lipscomb’s position that this is protected speech and issued a preliminary injunction against Metro, prompting the Nashville Fire Department to review its social media policy for employees.
The city’s handling of the matter prompted nine months of litigation, and Metro’s offer includes $425,000 that would nearly deplete its Judgment and Losses fund and $25,000 from the fire department’s operating budget. A settlement would avoid steeper compensatory damages that a jury could award Lipscomb. The Metro Council will vote on approval of the settlement, which comes with a formal recommendation from Legal Director Wally Dietz, on Tuesday night. While not an admission of guilt, a settlement indicates that Metro lawyers may not be confident they can defend the fire department’s actions in court.
Lipscomb has a substantial following as a Nashville comedian. Per the advice of his lawyer, he declined the Scene’s request for comment until the settlement has been finalized.
