More than two months after BusinessDen asked a judge to set aside her contempt threat against reporter Justin Wingerter, the judge responded to the motion this week with three words, “NO ACTION TAKEN,” and no further explanation.
Denver District Court Judge Kandace Gerdes still hasn’t directly addressed BusinessDen’s contention that her Nov. 30 order to return suppressed court records and delete all electronic copies of them is a “classic prior restraint” of news media, unconstitutional under the First Amendment and the Colorado Constitution’s free press and speech guarantees.
Meanwhile, Wingerter and BusinessDen still face the possibility of being held in contempt for not complying with Gerdes’ order to give back documents Wingerter obtained by making a records request. To remove the threat, the judge presumably would have to vacate her order or indicate she will not enforce it.