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VDARE FOUNDATION v. CITY OF COLORADO SPRINGS

No. 20-1162.

11 F.4th 1151 (2021)

VDARE FOUNDATION, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS; John Suthers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED August 23, 2021.

Attorney(s) appearing for the Case

Frederick C. Kelly, Law Offices of Frederick C. Kelly, Goshen, New York (Glen K. Allen, Glen K. Allen Law, Baltimore, Maryland, with him on the briefs), for Plaintiff-Appellant.

W. Erik Lamphere, Division Chief-Litigation, City Attorney's Office, Colorado Springs, Colorado, for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, HARTZ, and PHILLIPS, Circuit Judges.

When the government speaks, what can it say? VDARE Foundation, Inc. alleges that the City of Colorado Springs improperly spoke through a public statement issued by its Mayor and, in so doing, violated VDARE's First Amendment rights. The public statement, which was issued two days after the Charlottesville protests, denounced...

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