The Colorado Supreme Court this week declined to review issues in a Court of Appeals opinion that could impact the First Amendment rights of lawyers to make statements about public-interest litigation.

“Unfortunate outcome,” said attorney Tom Kelley, a Colorado Freedom of Information Coalition board member and past president who co-authored the petition for certiorari in a case brought against Denver civil rights firm Killmer, Lane & Newman. But, he added, his clients are pleased the court has agreed to consider a privilege that would protect party- and attorney-generated publicity in class action cases.

Last December, the appeals court determined that the law firm 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.”