first amendment
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
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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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Federal judge rejects Tina Peters’ request for release pending appeal
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A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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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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Federal judge rejects DPS’ attempt to obtain 9News sourcing documents in First Amendment case
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A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation. At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a…
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Federal judge declines to order Denver to let police critic apply for review board
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A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…
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Federal judge dismisses claim against Colorado health department leaders over gas stove law
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A federal judge last week dismissed the constitutional claim against leaders of the Colorado Department of Public Health and Environment over a 2025 law requiring health disclosures on new gas-fueled stoves. In June, Gov. Jared Polis signed House Bill 1161 into law, which requires retailers of gas stoves to affix a “yellow adhesive label” that…
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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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Federal judge blocks Colorado law requiring social media platforms to provide warnings to children
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A federal judge on Thursday blocked Colorado from implementing a requirement that social media companies notify users younger than 18 of the effects to their mental and physical health from using the platforms. Lawmakers enacted House Bill 1136 by wide margins in 2024, with a goal of providing “research-based education and interventions” about minors’ use…
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10th Circuit revives retaliation claim against Jeffco sanitation district
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The Denver-based federal appeals court on Monday reinstated an attorney’s retaliation claim against her former employer, a special district based in Lakewood, alleging she was fired for statements she made about board members’ malfeasance. Courts have recognized that public employees’ First Amendment rights are more limited, owing to the need for the government to control…
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Federal judge dismisses lawsuit against Olympic SafeSport over misconduct-related restrictions
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A federal judge last month dismissed a lawsuit against the Colorado-based U.S. Center for SafeSport, brought by a Florida businessman who disputed the center’s ability to impose misconduct-related restrictions on him. Derek Strine owns an equestrian event facility that is used for developing horses into Olympic competitors. He is a member of the U.S. Equestrian…
