First Amendment

First Amendment, Journalism April 9, 2024

An open letter regarding the unwarranted ouster of journalist Sandra Fish from the Colorado Republican state assembly

Journalism serves as the cornerstone of a vibrant and functioning democracy, providing citizens with the information necessary to make informed decisions. The forcible removal of Ms. Fish from the assembly, under the pretext that her reporting was unfavorably viewed by the party’s chairman, stands in stark contrast to the principles of freedom of speech and the press enshrined in our Constitution.

Colorado Legislature, First Amendment March 19, 2024

How a U.S. Supreme Court opinion could affect Colorado’s 2023 law that lets elected officials block people on private social media

What does the U.S. Supreme Court ruling on social media mean for Colorado’s 2023 law that lets elected officials block people from their private accounts “for any reason”?

Colorado Legislature, Colorado Legislature 2024, First Amendment February 14, 2024

Colorado lawmakers advance bill on AG’s office study of misinformation and disinformation

A legislative committee narrowly endorsed a proposed $150,000 study by the Colorado Attorney General on ways to prevent and combat the spread of misinformation and disinformation after proponents tried to allay concerns the measure threatens First Amendment free speech rights.

First Amendment, Public Records Laws February 9, 2024

‘NO ACTION TAKEN’: Judge’s terse response to BusinessDen motion to lift contempt order

More than two months after BusinessDen asked a judge to set aside her contempt threat against reporter Justin Wingerter, the judge responded to the motion with three words, “NO ACTION TAKEN,” and no further explanation.

Colorado Legislature, Colorado Legislature 2023, Court Proceedings, Court Records, First Amendment, Journalism, Open Meetings Laws, Public Records Laws December 28, 2023

CFOIC’s 2023 year in review: Denver school board, Red Rocks, disappearing messages, CORA changes, livestreamed courts and a theater surveillance video

Several key rulings in 2023 showed why courts matter so much for enforcing and interpreting Colorado’s open government laws.

First Amendment, Public Records Laws December 5, 2023

‘A classic prior restraint’: BusinessDen reporter defies court order to return suppressed civil suit records

BusinessDen and its reporter Justin Wingerter are refusing to comply with a judge’s order to return suppressed court records and permanently delete all electronic copies of them, contending the order violates both the U.S. and Colorado constitutions.

First Amendment, Journalism September 11, 2023

Colorado Supreme Court reverses appeals court ruling that CFOIC, news associations argued would chill attorneys’ speech about class-action suits

A Denver attorney’s comments to the press about a federal class-action lawsuit were protected by the litigation privilege, which immunizes a lawyer who makes allegedly defamatory statements related to a civil court case, the Colorado Supreme Court decided, reversing a 2021 ruling by the Court of Appeals.

First Amendment, Journalism August 21, 2023

Judge applies Colorado’s anti-SLAPP law to dismiss defamation claims against Denver7 and Denver NewsBreak journalists

A judge applied Colorado’s four-year-old anti-SLAPP law in tossing out defamation allegations made by a health care staffing company against reporters for Denver7 and Denver Newsbreak.

First Amendment, Public Records Laws July 27, 2023

Colorado Court of Appeals considers whether the statutory definition of library ‘users’ includes those who want books banned or reclassified

Librarians in Colorado need guidance from the Colorado Court of Appeals on whether the state’s library-user privacy statute protects the identities of people who want books banned or reclassified, a lawyer for the Gunnison County Library District director told a panel of appellate judges.

Colorado Legislature, Colorado Legislature 2023, First Amendment June 6, 2023

Polis signs bill letting Colorado elected officials block people on private social media but acknowledges ‘this area of the law … is unsettled’

Signing into law a bill that lets elected officials block anyone from their private social media accounts for “any reason,” Colorado Gov. Jared Polis urged state lawmakers to monitor two cases related to the issue pending before the U.S. Supreme Court.

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Colorado Freedom of Information Coalition

The Voice for Open Government in Colorado