In the News
Colorado Sun: Republicans seek to overturn Colorado’s candidate donation limits in federal court
By Sandra Fish
Two Republican candidates have filed a federal lawsuit seeking to unwind Colorado’s 20-year-old campaign donation limits.
Greg Lopez, who is running for governor, and state Rep. Rod Pelton, of Cheyenne Wells, who is running for state Senate, along with former Colorado Republican Party Chairman Steve House are plaintiffs in the lawsuit against the Secretary of State’s Office…
They’re seeking a preliminary injunction to prohibit the state from enforcing candidate donation limits in the 2022 election. A hearing on the injunction is scheduled for 10 a.m. Thursday.
Lopez, Pelton and House are represented by lawyers from Advance Colorado and the national Institute for Free Speech…
The Republicans’ federal lawsuit argues the limits are antiquated and far too low.
“Much has changed since 2002, when Colorado adopted its current contribution-limits scheme,” the lawsuit begins. “America has seen three new Presidents. Eminem, Ashanti and Nelly no longer rule the pop charts. Gasoline no longer costs $1.14 per gallon. Smartphones were invented and became ubiquitous. But Colorado has clung to already unconstitutionally low candidate-contribution limits.”
New from the Institute for Free Speech
By Gary Lawkowski
What does calling “bullshit” on instructions from the U.S. Park Police have in common with the IRS targeting of certain nonprofit groups for heightened scrutiny, and with Washington Nationals legend Ryan Zimmerman? All three figure into the free speech jurisprudence of reported Supreme Court finalist Judge Ketanji Brown Jackson.
Judge Jackson was a District Judge for the United States District Court for the District of Columbia from 2013-2021 and has served as a United States Circuit Judge for the Court of Appeals for the District of Columbia since June 2021.
Overall, Judge Jackson’s public record on free speech issues is relatively sparse. There are few relevant cases from her tenure as a District Court judge and none to date as a Circuit Court judge. In general, these decisions reflect a willingness to allow plaintiffs’ First Amendment claims to survive a motion to dismiss. However, these cases reflect a limited range of issues.
Readers are cautioned not to extrapolate too broadly from a District Court ruling, where a judge may be compelled to follow circuit precedence in a way that they might not on the high Court.
Judge Jackson has also answered several free speech related questions during her confirmation process. These are noted below.
Supreme Court
The White House: President Biden Nominates Ketanji Brown Jackson To Serve on the U.S. Supreme Court
Since Justice Stephen Breyer announced his retirement, President Biden has conducted a rigorous process to identify his replacement. President Biden sought a candidate with exceptional credentials, unimpeachable character, and unwavering dedication to the rule of law. And the President sought an individual who is committed to equal justice under the law and who understands the profound impact that the Supreme Court’s decisions have on the lives of the American people.
That is why the President nominated Judge Ketanji Brown Jackson to serve as the next Justice on the Supreme Court. Judge Jackson is one of our nation’s brightest legal minds and has an unusual breadth of experience in our legal system, giving her the perspective to be an exceptional Justice.
The Hill: Discrimination or free speech? Supreme Court decides to weigh in
By Jonathan Turley
“Eliminating … ideas is CADA’s very purpose.” Those words from the 10th Circuit Court of Appeals about Colorado’s Anti-Discrimination Act may be some of the most honest but chilling words ever uttered in a federal opinion. The court ruled that a state could not only compel an artist to speak but could prevent that artist from speaking, too.
The idea being eliminated in this instance is the view of artist Lorie Smith that marriage is “an institution between one man and one woman.” For Smith, it’s an idea grounded in faith, while for her critics, it is grounded in discrimination. Now, her case, 303 Creative LLC v. Elenis, was just accepted by the Supreme Court to determine if that “very purpose” is the very thing that the First Amendment is designed to prevent.
The Courts
The Intercept: ICE Settles With Immigrant Rights Leader Who Sued Over First Amendment Violations
By Nick Pinto
A New York City activist who alleged in court that he was targeted for deportation by U.S. Immigration and Customs Enforcement because of his political speech settled his lawsuit against the government, winning a three-year reprieve from deportation, the activist, Ravi Ragbir, told The Intercept.
The settlement ends a long-running court battle over whether the government is allowed to target people for deportation based on their political speech, and whether courts have the power to protect the First Amendment rights of undocumented immigrants.
