“Colorado appears hellbent on maintaining its dubious status as the most anti-free speech state in the union. Citizens will continue to subsidize this effort to defend laws compelling or censoring speech.”
—Prof. Jonathan Turley, in “It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment
Professor Turley, whom conservative pundits like to describe as a “liberal academic” but who exemplifies the red-pilled progressive who suddenly realizes he had been on the wrong side of logic and ethics, has a full-on brief against Colorado up on his blog today.
He chronicles the continuing assault on the First Amendment in the state, which is now typical of the conduct of all the extremist Democratic states as well as the anti-democratic aspirations of the Democratic Party itself. A sample…
“Colorado is now arguably the most anti-free speech state in the union, pushing an array of measures attacking those with opposing social and political views…Now, the Democratic legislature and governor are back with new unconstitutional measures, including a requirement that lawyers not share information with federal immigration officials as a condition for filing with state courts…
In the last election, the state attempted to strip President Donald Trump from the ballot with the support of a majority of its Democratic-controlled state supreme court. (The effort was later declared unconstitutional in a unanimous decision by the Supreme Court. Colorado could not even get any of the liberal justices to support its actions).
The state is responsible for the efforts to force business owners to create products celebrating same-sex marriages. That effort led to the Masterpiece Cake Shop case and then the 303 Creative case. Even after losing earlier efforts against Masterpiece Cake Shop owner Jack Phillips, the targeting of its owner continued for years. That litigation proved to be a tremendous victory for free speech.
Colorado has also been leading the fight to limit the speech and associational rights of professionals and parents on “conversion therapy.” Recently, that effort led to another massive loss before the Supreme Court in Chiles v. Salazar, resulting in a resounding 8-1 rejection of Colorado’s position. It could only secure the vote of Justice Ketanji Brown Jackson.
After that near-unanimous ruling against the state, Colorado responded by doubling down with legislation to expose any counselors engaged in conversion therapy to heightened legal liability, including waiving any statute of limitations. That case could also result in legal challenges as Colorado continues to spend a fortune on seeking to curtail free speech rights.
Now, the state is defending a new public accommodation law, HB 25-1312, that defines “gender expression” to include “chosen name” and “how an individual chooses to be addressed.”
