| LAKEWOOD, Colo. (February 24, 2025)— In a disappointing move, the Supreme Court has declined to hear Advance Colorado v. Griswold, leaving in place an appellate decision that rejects the free speech claims of our client Advance Colorado. The lower court had applied the “government-speech doctrine” to immunize false descriptions of our clients’ tax cut ballot measures. With the Tenth Circuit’s ruling left in place, Colorado will think that it has effectively obtained blank check to manipulate the democratic process by forcing private citizens to use misleading, government-scripted language on ballot initiatives. Mountain States General Counsel William Trachman said, “Today’s ruling is disappointing but not the end of the fight. While the 2024 election may be over, there will be other initiatives in the future. With time, we hope that the Supreme Court will address this important issue. Under House Bill 21-1321, Colorado forces tax-related ballot initiatives to include misleading and even false statements about potential budget cuts—language deliberately designed to bias voters against citizen proposals. The Tenth Circuit upheld the law by misapplying the government-speech doctrine, granting the state nearly unchecked authority to manipulate ballot language in its favor. MSLF argued that this law violated the First Amendment by compelling private individuals to promote a government message that they do not support. The implications of this practice extend far beyond Colorado. If governments can dictate the language of citizen-led initiatives, they can essentially suppress citizen-driven petition campaigns that they oppose, before voters even have a say. Despite this setback, MSLF remains committed to defending free speech and ensuring that citizens—not bureaucrats—shape the future of their communities. |