Thomas MINK; The Howling Pig, an unincorporated association, Plaintiffs-Appellants,
v.
John W. SUTHERS, in his official capacity as Attorney General of the State of Colorado, Kenneth R. Buck, District Attorney for Colorado's 19th Judicial District; Susan Knox, a Chief Deputy District Attorney working for Colorado's 19th Judicial District Attorney's Office, in her individual capacity, Defendants-Appellees, and
Student Press Law Center; Silha Center for the Study of Media Ethics; World Press Freedom Committee; Associated Press; Bloomberg News; Colorado Press Association; Dow Jones & Company, Inc.; Media Law Resource Center; the Reporters Committee for Freedom of the Press; Colorado District Attorneys' Council, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 16, 2007.
April 16, 2007.
Attorney(s) appearing for the Case
A. Bruce Jones, Holland & Hart LLP, Denver, CO (Marcy G. Glenn and Valerie L. Simons, Holland & Hart, and Mark Silverstein, American Civil Liberties Union Foundation of Colorado, Denver, CO, with him on the briefs) for Plaintiffs-Appellants.
William V. Allen, Assistant Attorney General, Litigation Section, Office of the Colorado Attorney General, for Defendant-Appellee John W. Suthers, and David R. Brougham (Gillian Dale with him on the brief), Hall & Evans, L.L.C., Denver, CO, for Defendant-Appellee Susan Knox.
S. Mark Goodman and Adam Goldstein, Student Press Law Center, Arlington, VA, and Jane E. Kirtley, Silha Center for the Study of Media Ethics and Law, Minneapolis, MN, on the brief for Amici Curiae Student Press Law Center and Silha Center for the Study of Media Ethics and Law.
Kevin M. Goldberg, Cohn and Marks LLP, Washington, District of Columbia, on the brief for Amicus Curiae World Press Freedom Committee.
Thomas B. Kelley and Steven D. Zansberg, Faegre & Benson LLP, Denver, CO, on the brief for Amici Curiae Associated Press, Bloomberg News, Colorado Press Association, Dow Jones & Company, Inc., Media Law Resource Center, and The Reporters Committee for Freedom of the Press.
Miles Madorin, Staff Attorney, Colorado District Attorneys' Council, Denver, CO, on the brief for Amicus Curiae Colorado District Attorneys' Council.
Before O'BRIEN, EBEL, and TYMKOVICH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TYMKOVICH, Circuit Judge.
I. Introduction
Colorado law makes it "criminal libel" to knowingly publish any statement tending to "impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule." Colo.Rev.Stat. § 18-13-105. While a student at the University of Northern Colorado (UNC), Thomas Mink created and published an internet-based journal called...
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