Are ballot measure titles government speech? Tenth Circuit will decide

Courthouse News Service: The Tenth Circuit is set to determine whether Colorado officials can add language to the titles of citizen-driven ballot initiatives aimed at reducing taxes that points out which government programs would be affected financially by the measures.

“It is outrageous for the state to say it can co-opt and hijack a citizen’s speech that is supposed to be a check on government,” attorney Jennifer Weddle told a three-judge panel during oral arguments Tuesday morning in Denver. 

The Greenberg Traurig attorney represents Advance Colorado, a conservative nonprofit that is sponsoring the two tax initiatives in the November election.

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