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CFOIC, Other Groups Seek Colorado Supreme Court Review of Ruling That Makes Attorneys Liable for Statements Made to News Media

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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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The Colorado Freedom of Information Coalition and other organizations are asking the state’s highest court to review an appellate court ruling that, if allowed to stand, will impact the First Amendment rights of lawyers to make statements about public-interest litigation.

In December, the Colorado Court of Appeals determined that Denver civil rights firm Killmer, Lane & Newman can be held liable for certain comments attorney Mari Newman made at a news conference about a federal class-action lawsuit filed on behalf of technicians working for a nail salon. The salon sued Newman for defamation after she alleged the workers had been forced to clean the business “for no pay whatsoever.”

“CFOIC believes the Court of Appeals’ ruling in this case chills litigation attorneys from discussing their cases with members of the press, for fear that doing so will create financial exposure,” says a motion filed Monday with the Colorado Supreme Court.