first amendment
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SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
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Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
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Federal judge ponders blocking rideshare transparency law amid Uber’s constitutional challenge
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A federal judge on Friday weighed whether to temporarily block Colorado from enforcing a law set to take effect in one week requiring rideshare companies to disclose certain information to riders and drivers about the amount of money drivers earned prior to any tip. Last year, the legislature enacted Senate Bill 75 to place new…
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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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Federal judge eases path for plaintiffs to hold Denver liable for 2020 protest response
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A federal judge last month reversed course on her previous decision and ruled a group of one dozen plaintiffs who were injured during the police response to Denver protests can hold the city liable for failing to train its officers on the use of chemical weapons and projectiles. Last March, U.S. District Court Judge Nina Y.…
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Denver police sergeant to face civil trial over alleged First Amendment retaliation, judge rules
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A federal judge ruled last month that a jury will evaluate whether a Denver police officer violated a man’s First Amendment rights by knocking his cell phone onto the ground in retaliation for video recording. Brian Loma was recording the city’s operation to dismantle a homeless encampment in November 2020 when he began yelling at…
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10th Circuit partially reinstates fired nursing home worker’s lawsuit over COVID-19 vaccination
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The federal appeals court based in Denver ruled on Tuesday that a former nursing home employee can pursue her claim of religious discrimination against her employer for failing to grant a religious exemption to its COVID-19 vaccination requirement. Diann R. Bolonchuk alleged she was an 18-year employee of Cherry Creek Nursing Center/Nexion Health when it…
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Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
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The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…
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10th Circuit declines to upend women’s volleyball tournament in lawsuit over trans player
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The federal appeals court based in Denver declined on Tuesday to order a Colorado Springs-based athletic organization to bar a transgender woman from participating on her college’s volleyball team and alter the record of wins and losses among schools immediately before a tournament is set to begin on Wednesday. The decision comes one day after…
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Federal judge sides with Teller County sheriff in whistleblower lawsuit
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A federal judge concluded last month that a whistleblower lawsuit could not succeed against Teller County Sheriff Jason Mikesell, nor could the related claims of retaliation lodged by a former commander in the office. Ronald “Greg” Couch worked for the sheriff’s office between 2014 and 2021. In his telling, his relationship with Mikesell began to…