FOR IMMEDIATE RELEASE
MEDIA CONTACT:
MSLF Communications Dept.
MacKenzie Guy
(303)-292-2021
LAKEWOOD, CO – August 26, 2024 –Mountain States Legal Foundation (MSLF), in partnership with co-counsel Greenberg Traurig, has filed a petition for writ of certiorari at the U.S. Supreme Court, challenging Colorado’s infringement on free speech rights in the case Advance Colorado v. Griswold.
At the core of this case is Colorado’s House Bill 21-1321, which targets citizen-driven ballot initiatives that reduce taxes. Colorado’s law attempts to handicap anti-tax initiatives by forcing proponents to speak the government’s preferred message—that cutting taxes will necessarily reduce funding for popular programs such as schools and public safety—even if that message is indisputably false in a particular case.
This legislation uses the government speech doctrine to compel Advance Colorado and similar grassroots organizations to convey messages on their ballot initiatives that contradict and undermine their advocacy efforts. MSLF argues that this forced government speech distorts Advance Colorado’s message and misleads voters, hindering their ability to advocate effectively and violates the First Amendment. The government should have no authority to compel the speech of citizens regarding their own ballot initiatives, especially when it will undermine their campaign.
The Tenth Circuit Court ruled in favor of Colorado Secretary of State Jena Griswold, upholding the application of the government speech doctrine to these ballot titles. However, MSLF contends that this ruling is a dangerous precedent that gives the government excessive control over the messaging of citizen-led initiatives, eroding the rights of citizens to express their views freely and participate in democracy.
MSLF Senior Counsel, James Kerwin, said, “The right to persuade your fellow citizens using your own words, without the government forcing you to contradict yourself, is a fundamental First Amendment freedom. Colorado’s law is patently unconstitutional and should be overturned.”
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org