"It's Our Nature": Colorado Doubles Down On New Assaults On The First Amendment

Colorado, despite its tourism slogan, is seen by free speech advocates as a highly restrictive state, actively pursuing measures that challenge opposing viewpoints. The state has enacted various laws that have been challenged, repeatedly leading to legal defeats that paradoxically reinforce First Amendment rights. The state's recent efforts, including attempts to remove Donald Trump from the ballot, failed spectacularly in the Supreme Court. Colorado has been involved in several high-profile cases, like *Masterpiece Cake Shop* and *303 Creative*, which challenged business owners' free speech rights based on their beliefs regarding same-sex marriage. Similarly, it's fought to limit speech surrounding conversion therapy, also losing at the Supreme Court level. Despite these losses, Colorado continues to double down, seeking to impose even stricter measures, including holding counselors liable and ignoring the statute of limitations. The state is now defending a public accommodation law that expands the definition of “gender expression.” This new legislation, including a bill that prevents lawyers from sharing client information with federal immigration officials, is drawing criticism. These efforts, combined with ongoing legal challenges, are making a negative mark on the state, drawing further legal battles. The author sees Colorado's actions as likely unconstitutional and is being challenged by both lawyers and potentially the federal government. Colorado's legal history resembles other states, ironically bolstering rights through failed attempts to restrict them.