Judge won’t yet consider First Amendment defense from man arrested after livestreaming during King Soopers shooting

The Denver Post: A Boulder County judge on Tuesday allowed the criminal case to go forward against the man charged with police obstruction after he livestreamed the 2021 mass shooting at the Table Mesa King Soopers grocery store.

Dean Schiller, 44, had argued his actions were protected by the First Amendment, but Judge Zachary Malkinson on Tuesday declined to take up that argument, saying it was outside of his authority to consider at this point in the case.

He agreed, however, to hear additional debate on Schiller’s argument that he never should have been prosecuted under the state’s obstruction law, which specifically prohibits anyone from being charged with obstruction of a police officer merely because the person “stated a verbal opposition to an order by a government official.”

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