First Amendment

Marijuana: David Lane will sue over new rule treating pot magazines like porn

Last week, we noted a section of the main bill to regulate Amendment 64 that essentially treated marijuana magazines like porn. In the days that followed, High Times warned that a lawsuit would be in the offing if the language was included in the final version -- but it was. Now, attorney David Lan ... More >>

4/20 at CU: University on possible lawsuit to block campus closure and more

While speaking about CU-Boulder's plan to close the campus again on April 20 in an effort to end the 4/20 event there, spokesman Bronson Hilliard stressed the need to communicate clearly about the university's rationale, and he wasn't kidding. After we published posts about a threatened lawsuit to b ... More >>

Ban Westword's most prolific (and divisive) commenter? That's an impossible dream

"Patty C. is so out of touch and over-the-hill that she buys into the pretend anonymity nonsense... or even the entire absurd pretense of reviewing dispensaries, by a recreational stoner pretending to be a medical patient." Yes, DonkeyHotay is back at the keyboard, commenting again, and again, and a ... More >>

Court stops Colorado Springs "no-solicitation zone" because of free speech concerns

Colorado Springs is trying to clean up its downtown by banning panhandling and soliciting, but there's one problem with that plan: The ordinance would violate the First Amendment -- at least according to the American Civil Liberties Union. And in the first major ruling on that issue, a federal distr ... More >>

Colorado Springs not yet enforcing law against panhandling -- but is "educating" people

Last week, we reported on a lawsuit from the American Civil Liberties Union against Colorado Springs, which is pushing forward with a controversial anti-panhandling law that critics see as violating free-speech rights. The city says it won't start enforcement for a few weeks, but will begin educatio ... More >>

ACLU sues Colorado Springs for panhandling ban, says it violates free speech rights

In what's called an effort to support the economic vitality of downtown Colorado Springs and stop panhandling, the city passed an ordinance this week that bans solicitation. But the law is so broad that it violates the First Amendment. At least that's the interpretation of the American Civil Liberti ... More >>

CU-Boulder 4/20 student protesters: Case dropped after they volunteer for Amendment 64

CU-Boulder closed Norlin Quad as part of its attempt to shrink the annual 4/20 event on campus. Three CU students were cited for trespassing on the Quad that day, with lawyer Sean McAllister defending them on First Amendment grounds. Now, the case has been dismissed after the students did a few hour ... More >>

Video: Seth Brigham sings, dances at Boulder City Council after restraining order lifted

No one anticipated that Seth Brigham's first appearance at a Boulder City Council meeting since a judge threw out the city's restraining order against him would be low-key. But few could have guessed at the weirdness that resulted when the willfully irritating gadfly delivered his testimony in song ... More >>

Medical marijuana outdoor ad ban one step away from Denver City Council approval

Last night, Denver City Council unanimously backed the proposed ban on medical marijuana outdoor advertising, despite a majority of speakers opposing the proposed measure, as well as one advocate's threat to sue on First Amendment grounds. Council will now have to have a final vote to approve it on ... More >>

Marijuana advocate to Denver City Council: If changes in MMJ ad ban not made, we'll sue

Update below: Last week, our William Breathes noted that a Denver City Council-proposed outdoor medical marijuana advertising ban is up for public discussion tonight -- but advocate Rico Colibri isn't waiting. During the wee hours, he sent an open letter to the council (read it below) threatening to ... More >>

Boulder's defense of restraining order against annoying critic a joke, says David Lane

In May, Boulder officials filed a restraining order against Seth Brigham, the city's most annoying critic, arguing that he was a threat. Brigham, who won a hefty judgement against Boulder two years ago (more on that below), responded by contacting attorney David Lane and taking the city to court. Ye ... More >>

Mark Udall among lawmakers pushing for Stolen Valor replacement, easy detection websites

Last month, the Supreme Court of the United States overturned the national Stolen Valor Act of 2006. That decision led to the dismissal of charges against local college student Rick Strandlof ("Will the real Rick Strandlof please stand up?"), whose friends became suspicious when he pretended to be a ... More >>

Scott Gessler's proposed rule change upsets minor parties in major way

After a weekend hiatus that included Barack Obama's visit to Aurora, the presidential campaigns are no longer on pause to honor the victims of the theater shooting. (Count on the tragedy to come up at the first presidential debate -- October 3 in Denver.) And Colorado, too, is gearing up for the Nov ... More >>

ACLU says Boulder can't require permission for protesters to use parks

The Boulder County ACLU has come out in firm opposition to a proposed ordinance that would require approval from the city manager to allow protesters to gather in city parks. Although the topic is still in the brainstorming stages and won't merit a decision for months, its opponents fear it could pl ... More >>

Ward Churchill's CU rehiring bid reaches Colorado Supreme Court

This afternoon, just over a year after the Colorado Supreme Court agreed to hear the Ward Churchill case, attorney David Lane will appear before the jurists to argue why the professor, who was fired by CU-Boulder for reasons he sees as payback for a controversial 911 essay, should get his old job ba ... More >>

Steve Howards-Dick Cheney case: 8-0 Supreme Court rejection bizarre, says David Lane

Yesterday, the U.S. Supreme Court ruled 8-0 against Steve Howards, who claimed his free speech rights had been chilled by Secret Service agents when he approached then-Vice President Dick Cheney circa 2006. Hence, Howards can't sue the Secret Service. However, his attorney, David Lane, believes the ... More >>

CU-Boulder refutes attorney's claim that its 4/20 tactics were "fascist"

Update: When speaking about the decision of three CU-Boulder students arrested for trespassing on the closed Norlin Quad amid the university's effort to shrink the annual 4/20 event to fight the charge on First Amendment grounds, attorney Sean McAllister described the school's tactics as "fascist" i ... More >>

Seth Brigham, Boulder critic, rejects city's offer over restraining order

The legal battle arising from a restraining order filed by the City of Boulder against Seth Brigham, its most annoying critic. has gotten more complex. According to attorney David Lane, Brigham has rejected a settlement offer from Boulder, whose reps are expected to participate in a conference call ... More >>

Medical Marijuana Industry Group pushes plan for outdoor MMJ ad ban

If the Medical Marijuana Industry Group has its way, there'll be a citywide ban on outdoor medical marijuana advertising in Denver. And with the idea for this proposal currently floating around city council, MMIG might just get its wish.

4/20 at CU Boulder: ACLU blasts claim event's a party, not a protest

In defending CU Boulder's decision to close Norlin Quad and ban visitors on 4/20, Chancellor Philip DiStefano claims the event is a party, not a protest -- an assertion echoed by the institution's spokesperson. But Mark Silverstein, legal director for the Colorado ACLU scoffs at this argument even a ... More >>

Occupy Denver: ACLU demands formal investigation of police conduct, pepper ball guns

This morning, the ACLU of Colorado requested a formal investigation of the Denver Police Department's conduct with Occupy Denver during the past six and a half months. The complaint, delivered to Police Chief Robert White and the Office of the Independent Monitor, cites both First Amendment freedoms ... More >>

Sign spinners: You can twirl in Denver...but not in Greenwood Village!

In Denver, sign twirlers live a relatively free life, at least when it comes to the city's regulations of the profession. As long as they stay off streets and medians and aren't actually panhandlers, they are obeying the law. But as we explored in our cover story, "Spin City!," other local municipal ... More >>

For serial imposter Rick Strandlof, the truth is out there

Medical marijuana: Fort Collins dispensaries sue to stop Valentine's Day ban

By 7 p.m. on Valentine's Day, all medical marijuana centers in Fort Collins must close their doors thanks to a voter-approved ban passed last November. But there may be hope for a renewed romance between the city and dispensaries, as a handful of centers have filed a last-minute lawsuit to stop the ... More >>

Occupy Boulder: Attorneys use Fourth Amendment to defend protesters

Of all the constitutional freedoms cited in defense of the Occupy movement, the First Amendment is staked most territorially. But in Occupy Boulder, attorneys defending protesters arrested for illegal camping are using the Fourth Amendment in a push to dismiss evidence gathered when police officers ... More >>

Tom Mink on $425K settlement in Howling Pig/"Junius Puke" case

"Junius Puke."​Update: Yesterday marked exactly eight years since officers in Greeley arrived at the home then-UNC student Tom Mink shared with his mom, confiscating his computer and more because of complaints about the way he'd portrayed a professor in his fledgling Internet publication, The ... More >>

With Occupy Denver protester Corey Donahue, nothing is ever easy

Dick Cheney-Secret Service case goes to Supreme Court: Speech vs. safety?

Dick Cheney.​While his fight on behalf of Occupy Denver's claims against the city may be over, attorney David Lane has another big case before him, on the biggest legal stage in the country. The U.S. Supreme Court has agreed to hear the tale of Steven Howards, a Lane client who says his freed ... More >>

Occupy Denver hearing: Police officer made fake Twitter account to harass occupation "idiots"

​Yesterday's hearing for an injunction on behalf of Occupy Denver came with an unfair share of sarcasm and surprises, but one stood out far beyond the others: While one document from Officer James Henning suggested a plan to stay the current course until the occupation "wears itself out," anot ... More >>

Occupy Denver hearing update: Should First Amendment let people do anything they want?

​Today's hearing over an Occupy Denver lawsuit targeting the city and county the group calls home began promptly with a look at the group's history. Protester and photographer Tanner Spendley took the stand to get at the bleeding heart of why the plaintiff has filed an injunction to protect wh ... More >>

Occupy Denver: Charge against plaintiff in David Lane lawsuit dropped days before court date

Update: Two of the charges incurred by supporters of Occupy Denver in recent weeks were dropped over the weekend when the city attorney's office decided against officially filing in both cases. The most notable of the two instances is that of Natalie Wyatt, who has since enlisted as a plaintiff on t ... More >>

Occupy Denver: ACLU reacts to restiction against recording during court appearances

​Westword has been present at every Sunday-morning arraignment related to Occupy Denver arrests. It was only this past Sunday, however, that I was forbidden by the court from recording anything while inside. The recent ban on anyone other than lawyers taking notes on the arrests and bond rates ... More >>

Occupy Denver's legal team explores precedents regarding tents and symbolic speech

​With 23 arrests related to Occupy Denver this weekend, the group's legal team is constantly adapting. This includes a new decision to request that arrestees go through the public defender's office instead of receiving volunteer counsel, as well as frequent reflections on precedents. At this w ... More >>

Reader: East High students kept cool in counter-protest against Westboro Baptist Church

​Our post about East High students' counter-protest against Westboro Baptist Church picketers noted how thoughtfully participants considered their response to the infamous congregation of haters. One reader concedes that she probably couldn't have managed to do likewise.

Occupy Denver profile: Mel Van Nice and other medics treated 45 people last Saturday

Mel Van Nice.​Mel Van Nice can be found near the front lines. The 29-year-old never has to think long for the answer to anything, and when a problem hits, she already seems to know what it is. In the cold, after riots and in moments of chronic illness, her most demanding function in the group ... More >>

Occupy Denver: ACLU investigates constitutionality and safety of police action

Phillip Becerra.​Colorado ACLU communications director Rosemary Harris Lytle confirms her organization has launched an investigation of "an escalation of police force" at Occupy Denver -- like, for example, the shooting of Phillip Becarra, seen here, with pepper bullets. The ACLU has expressed ... More >>

Occupy Denver: John Hickenlooper and Michael Hancock have a stinky mess on their hands

Gitmo on the Platte.​Even as the last chapter of the three-year-old protests during the Democratic National Convention was closed in federal court, Mayor Michael Hancock and Governor John Hickenlooper were grappling with the challenge of dealing with the the Occupy Denver protesters they can s ... More >>

Pot Head Ring Pots leave a bad taste for Legalize2012.com's Laura Kriho (VIDEO)

Big pics below.​It's not often Laura Kriho, the driving force behind the Cannabis Therapy Institute and Legalize2012.com, speaks out against something pertaining to marijuana. But there she was, on a Fox station in Colorado Springs, criticizing marijuana-shaped candy marketed under names like ... More >>

Occupy Denver asks John Hickenlooper to allow camping, invites him to general assembly

John Hickenlooper.​Earlier today, a Colorado State Patrol spokesman said the law-enforcement approach to Occupy Denver's tent city is evolving, and could be finalized soon. But rather than waiting to see how agencies might try to enforce Governor John Hickenlooper's apparent wish to end overni ... More >>

Reader: Westword makes stupid jokes while economy's collapsing, war rages on

​Yesterday's post about the top 10 things you shouldn't call the cops to help you find -- prompted by a Greeley woman who told police her misplaced TV remote had been stolen -- didn't strike some readers as a laugh riot. Indeed, one saw it and other recent attempts at humor as indefensible giv ... More >>

Charles Chaput: Denver Archbishop's attack on video-game ruling bugs Gamer Nation (VIDEO)

Charles Chaput.​Denver-based Archbishop Charles Chaput better watch out next time he plays Call of Duty online. Why? A lot of gamers are gunning for him in the wake of an editorial in which he criticized the U.S. Supreme Court for striking down a California law meant to protect minors from vi ... More >>

Ward Churchill case heading to Colorado Supreme Court: Not about 9/11, attorney says

Ward Churchill.​Last November, when the Colorado Court of Appeals rejected ex-CU prof Ward Churchill's bid to get his old job back, attorney David Lane admitted that "the odds of either the Colorado Supreme Court or the U.S. Supreme Court looking at the case are slim." But he and Churchill hav ... More >>

Westboro Baptist Church counter-protest organizer wants peace to prevail

Fred Phelps.​Westboro Baptist Church haters under the sway of venomous Reverend Fred Phelps are headed to the Denver area tomorrow. But instead of mounting a huge rally in response, representatives of the University of Denver Hillel, one of the threatened stops, will ignore the display and hol ... More >>

The "condo people" get f*cked; Golden's Buffalo Rose won't be punished for telling them off

Martinez​A liquor license official just issued a resounding "Fuck you" to the City of Golden and a handful of condo owners by deciding that the venerable Buffalo Rose bar and co-owner Murray Martinez didn't violate state liquor laws this past August when Martinez sang "Fuck the condo people" t ... More >>

"F*ck the condo people" song enough to get bar's liquor license revoked?

Murray Martinez.​Attorney David Lane is well known for defending the likes of controversial CU professor Ward Churchill on First Amendment grounds. So it's no surprise he's representing Murray Martinez, owner of Golden's venerable Buffalo Rose, against an attempt to revoke the venue's liquor l ... More >>

Update: Wikileaks: Where are its media friends?

UPDATED: "WikiLeaks Betrayed by Amazon, Visa, Mastercard---and Worst of All, the Media" Julian Assange of Wikleaks.​Where are the First Amendment's establishment warriors as government-spooked businesses try to shut down Wikileaks? Hackers with computers, not hacks with press passes, have be ... More >>

Ward Churchill defending Constitution, Court of Appeals trashing it, says David Lane of CU case

Ward Churchill.​Controversial University of Colorado at Boulder professor Ward Churchill has lost his latest bid to get his old job back, with the Colorado Court of Appeals upholding Denver District Court judge Larry Naves's earlier ruling; read it in its entirety below. The decision angers Ch ... More >>

Reader: Art like Jesus receiving oral sex painting must be protected against vigilante force

​We've hosted a lively debate on a post about "The Romantic Cannibals," an artwork depicting Jesus receiving oral sex that Montana trucker Kathleen Folden allegedly destroyed using a crowbar. Many of the comments debate whether or not the piece, on view below, can be considered art. But for I ... More >>

Recreate '68 Plans to Do Just That

Chicago in 1968 was a place of violence and chaos. Some activists would like to re-create those good old days.

Letters to the Editor

From the week of April 19, 2001