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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