anti-slapp
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Colorado justices find portion of anti-SLAPP law unconstitutional
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The Colorado Supreme Court ruled on Monday that a 2019 law designed to protect the exercise of First Amendment rights conflicts with the state constitution in certain scenarios involving appeals from county courts. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided a mechanism for quickly disposing of litigation…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
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The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Colorado justices address conflict between anti-SLAPP law, state constitution
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Colorado lawmakers in 2019 created a mechanism to quickly dispose of lawsuits over conduct that implicates a person’s First Amendment rights, specifically the rights to free speech and to petition the government. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided that when a judge rules on a motion…
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Colorado Supreme Court ponders when negative online reviews are insulated from lawsuits
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Members of the Colorado Supreme Court considered last week whether a person’s vindictive motivations in posting a negative online review can nevertheless relate to a matter of public interest, and potentially shield the commentary from a defamation lawsuit. For the first time, the state’s highest court examined Colorado’s 2019 “anti-SLAPP” law, which stands for “strategic…
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Appeals court dismisses state contractor’s defamation suit against Denver7
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Colorado’s second-highest court agreed earlier this month that a former vaccine distribution contractor for the state failed to show Denver7 should be liable for defamation through its series of stories about the company’s problems. Between 2021 and 2022, Denver7 published four articles describing employees of Jogan Health, LLC not receiving payments, false statements in Jogan…
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
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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…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
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A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
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The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Appeals court green-lights ex-Dominion executive’s defamation claim against Rudy Giuliani
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Colorado’s second-highest court agreed on Thursday that a former executive of Denver-based Dominion Voting Systems may proceed with a defamation claim against Rudy Giuliani for his unproven accusations of election rigging in the 2020 presidential race. The decision by a three-judge panel of the Court of Appeals mirrored a more comprehensive opinion issued in April,…
