Tag: free speech
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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Colorado courts yet another First Amendment drubbing | Jimmy Sengenberger
Colorado’s propensity for targeting free speech is legion. Now, it’s gaining national notoriety. Just last month in Chiles v. Salazar, a rare 8-1 Supreme Court majority dismantled Colorado’s law restricting youth therapy regarding gender identity — the state’s third admonition from the high court for speech overreach. That trend caught the attention of noted George Washington University law professor and Fox News legal…
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Public figures have limited path to sue over accusations of criminality, says appeals court
Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
Colorado’s second-highest court overturned a Jefferson County judge’s order last week in a long-running dispute about whether two ex-spouses must call their child by his first name or middle name outside the home. In doing so, a three-judge Court of Appeals panel clarified that the standard for restricting a parent’s free speech rights is a…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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FCC overreach, Dem double standard on free speech | Jimmy Sengenberger
On Sunday, tens of thousands packed an Arizona stadium for a memorial service honoring conservative activist and commentator Charlie Kirk. From his widow, Erika, to President Donald Trump, they mourned a prominent 31-year-old who’d been assassinated for exercising his right to free speech, enshrined in the First Amendment. Kirk was known for taking the battle…
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FCC overreach, Dem double standard on free speech | Jimmy Sengenberger
On Sunday, tens of thousands packed an Arizona stadium for a memorial service honoring conservative activist and commentator Charlie Kirk. From his widow, Erika, to President Donald Trump, they mourned a prominent 31-year-old who’d been assassinated for exercising his right to free speech, enshrined in the First Amendment. Kirk was known for taking the battle…
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Federal judge says he will not recuse from trans athlete case over courtroom pronoun policy
U.S. District Court Judge S. Kato Crews on Monday denied a request that he recuse himself from a lawsuit about transgender athletes’ participation, rejecting the argument that his courtroom protocols on the use of pronouns meant he had “prejudged” the case. Last week, attorneys challenging a policy of the Colorado Springs-based Mountain West Conference alleged they…
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Federal judge refuses to dismiss lawsuit against Pueblo school district for censoring Facebook commenter
A federal judge last week agreed a man whose critical comments were allegedly removed from Pueblo School District 60’s Facebook page may sue the district for a violation of his First Amendment rights. James Erb filed suit in October alleging that he read a news story in May 2024 about three high school students who graduated…
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
Two members of Colorado’s second-highest court warned in separate cases on Thursday that they believe judges are drifting away from the legislature’s directive for evaluating whether defamation lawsuits should be dismissed under a 2019 law designed to protect free speech. More than two years ago, Judges Ted C. Tow III and Michael H. Berger were…