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‘A Classic Prior Restraint’: BusinessDen Reporter Defies Court Order To Return Suppressed Civil Suit Records

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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Update: The Reporters Committee for Freedom of the Press filed an amicus letter with the court in support of BusinessDen’s motion to vacate on behalf of the Colorado Freedom of Information Coalition, Colorado Press Association, Colorado Broadcasters Association, Colorado News Collaborative and the National Freedom of Information Coalition.

BusinessDen and its reporter Justin Wingerter are refusing to comply with a judge’s order to return suppressed court records and permanently delete all electronic copies of them, contending the order violates both the U.S. and Colorado constitutions.

Although the Nov. 30 order from Denver District Court Judge Kandace Gerdes “does not purport to prohibit publication of the information Mr. Wingerter lawfully obtained from the Court,” it nevertheless “appears designed to inhibit the media from reporting on that information” by requiring the return and destruction of the documents, says a Dec. 1 filing that asks Gerdes to reconsider and set aside her directive.