free speech
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Federal judge dismisses retaliation claim against Jeffco district, allows claim against blogger
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A federal judge has dismissed an attorney’s retaliation claim against her former employer, a special district based in Lakewood, while at the same time permitting the lawyer’s defamation claim against a blogger to proceed. Mary Joanne “Jo” Deziel Timmins sued the Green Mountain Water and Sanitation District after it fired her in the summer of 2021.…
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Colorado appeals court finds Masterpiece Cakeshop violated anti-discrimination law again
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For the second time in nearly eight years, Colorado’s second-highest court has agreed Masterpiece Cakeshop, Inc. violated the state’s antidiscrimination law by refusing to sell a cake to an LGBTQ customer. A three-judge panel for the Court of Appeals concluded the store’s owner, Jack Phillips, ran afoul of the Colorado Anti-Discrimination Act (CADA) when he…
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10th Circuit finds no merit to First Amendment claims of Northglenn mosque protestor
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The federal appeals court based in Denver agreed Wednesday that a man convicted of violating a sidewalk obstruction ordinance while holding an “Islam Kills” sign outside a Northglenn mosque failed to show his First Amendment rights were violated. Richard Roy Blake filed a federal lawsuit seeking to declare as unconstitutional the portion of the Northglenn…
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Judge grants immunity to Cherry Creek schools officials who expelled student over anti-Semitic ‘joke’
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Although the federal appeals court based in Denver decided last year that Cherry Creek School District officials violated the constitutional rights of a student by expelling him for an off-campus social media post, a judge on Friday concluded they could not be sued for their actions after all. Last July, the U.S. Court of Appeals…
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Judge refuses to halt Colorado ban on LGBTQ conversion therapy for children
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A federal judge has refused to block enforcement of a 2019 Colorado law banning “conversion therapy” for LGBTQ children, rejecting several arguments from a licensed counselor in Colorado Springs who alleges the law violates her First Amendment rights as a professional and a Christian. Kaley Chiles requested a preliminary injunction against House Bill 19-1129, which…
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Judge considers immunity for Cherry Creek school officials in student’s free speech case
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Even though the federal appeals court based in Denver decided a high school student had plausibly claimed administrators violated his constitutional rights when they disciplined him for an anti-Semitic “joke,” a judge appeared doubtful this week that Cherry Creek School District personnel would have known their actions clearly ran afoul of the law. In July,…
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Colorado’s anti-discrimination law v. the First Amendment: An explainer of the 303 Creative case
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For the second time in recent history, the U.S. Supreme Court is hearing a case out of Colorado involving a Christian business owner’s refusal to provide wedding services tailored to same-sex couples. On Monday morning, the justices participated in arguments in the appeal of 303 Creative LLC et al. v. Elenis et al. Here are the key…
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Judge allows lawsuit to proceed against Denver officers for arrest at Hancock inauguration
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A woman arrested for disrupting Denver Mayor Michael Hancock’s 2019 inauguration has plausibly alleged police officers retaliated against her and detained her without probable cause of a crime, a federal judge has ruled. Although Denver sought to dismiss the lawsuit from Caryn Marie Sodaro by arguing the five defendant officers had sufficient justification to arrest…
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Colorado appeals to history, tradition in defending anti-discrimination law to SCOTUS
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Colorado is set to defend its anti-discrimination law before the nation’s highest court, filing a brief on Friday that pushes back against a Christian website designer’s refusal to provide her services for same-sex weddings. The U.S. Supreme Court in its upcoming term will hear the case of 303 Creative LLC v. Elenis, which asks whether Colorado…
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10th Circuit reinstates student’s First Amendment lawsuit over anti-Semitic ‘joke’
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A Cherry Creek High School student has credibly alleged school officials violated his First Amendment rights when they expelled him for an offensive social media post, the federal appeals court based in Denver decided on Wednesday. The U.S. Court of Appeals for the 10th Circuit reinstated the lawsuit of a teenager identified as C.G., largely…