The First Amendment of the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.” However, free speech isn’t an all-inclusive principle, meaning that there are some instances of speech and expression that the First Amendment doesn’t protect. What is protected speech?
Free speech and protected speech
One reason for continually examining free speech is that the Constitution is vague. The Supreme Court further defined free speech: “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable” (Texas v. Johnson). This language restricts the government’s ability to constrain speech, but, the limitations of speech and expression often depend on context, such as a corporate office or a school.
Free speech laws are extremely complex, and it’s critical to remember that free speech doesn’t protect things like defamation and libel, threats, false advertising, and more.
Differences between protected speech and unprotected speech
There are many exceptions to free speech that the Supreme Court has supported for some time. For example, the Court has decided that the First Amendment provides no protections for things like obscenity, child pornography, or speech that constitutes true threats or “fighting words,” which may produce a clear and present danger. The Court provides less than full protections for many other types of speech, including:
Commercial speech
Defamation, libel, and slander
Speech that might be harmful to children
Speech broadcasts on television and radio
Public employees’ speech
At the same time, the Supreme Court, as well as many government and nonprofit agencies, have contributed to the definition of protected speech as well. As a broad rule, virtually all other types of speech are protected, but the government may be able to regulate speech in certain circumstances. The government may attempt to regulate an act of free speech (including verbal communication as well as visual, art, music, theater, dance, literature, and more) through prior restraint. Additionally, acts that normally have the fullest First Amendment protections may still be restricted due to “regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.”
What to do if your free speech rights were violated
To better understand what constitutes protected speech and unprotected speech (and therefore, your rights in Colorado regarding free speech), here are a few examples:
Subversive advocacy — Individuals can express lawlessness, but there is a limit to this protection. For subversive advocacy (expression promoting lawlessness) to fall outside of First Amendment protections, it needs to be directed at producing imminent lawless action and the speech needs to be likely to produce lawless action.
Fighting words — Similar to the above example, speech cannot incite clear and present danger or violence. However, fighting words often need to be insults personally directed at a person and not political statements that the person would find offensive. Provocative political speech is often fully protected, but not clear and directed insults designed to start a fight or a threat.
True threats — True threats are defined as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” As such, the speaker may not need to carry out the threat, but only to intently produce fear of bodily harm or death in the victim.
Obscenity — Material, speech, and/or expression must meet the following three standards to be considered obscene and not protected by First Amendment laws. These three standards include:
Whether “the average person, applying contemporary community standards”, would find that the work, taken as a whole, appeals to the prurient interest
Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Child pornography. Plainly put, child pornography is an unprotected category of expression.
Commercial expression that concerns illegal activity, or commercial expression that is false or misleading — Commercial speech is only protected if it contains legal activity and it’s content is true and not misleading.
Contact the Civil Rights Litigation Group in Denver
The Civil Rights Litigation Group deals with issues regarding free speech. First Amendment and protected speech legal cases can be extremely complex, but at the same time, it is clear when someone is making true threats, producing obscene material, or producing false advertising and misleading information. Fortunately, if your right to free speech is being regulated or restricted in any way — or you’re facing adverse repercussions for your speech, and your speech doesn’t fall under the umbrella of “unprotected speech”— then call the Civil Rights Litigation Group in Denver, CO. We offer free, no-obligation consultations.
Most police officers exercise restraint when handling members of the general public, but there are times when a situation gets out of hand and citizens get hurt. The law allows the police some flexibility when dealing with or handling an uncooperative individual. Deadly or excessive force can be used if the officer feels he or she is being threatened (i.e., someone pointing a gun at them). But if physical force is unwarranted, it may be considered excessive force, and a violation of one’s civil rights.
Is it excessive force?
The police typically have qualified immunity involving arrest so that concerns of legal action don’t interfere with their ability to do their jobs. (However, those laws have changed in Colorado and police are now required to wear cameras and don’t always have immunity.) Police are allowed to use reasonable force when handling a combative individual, but only to the point of subduing the person for arrest. Legal protections for citizens are available if force becomes excessive or unreasonable. Section 1983 of the Civil Rights Act of 1871 forbids the police to restrict an individual of their civil rights under the Fourth Amendment of the Constitution.
Excessive force, as defined, is when a police officer is aggressive, forceful, and possibly threatens bodily harm when it’s unnecessary. For instance, if someone has cooperated with the police, either at a traffic stop or during an arrest (i.e., handcuffed and compliant), physical force or a weapon wouldn’t be necessary to restrain the individual. Continuing to physically subdue the individual after he or she has complied may constitute excessive force, particularly if the end result was severe injury or death.
What do you do if you are the victim of excessive force?
If you are the victim of excessive force, don’t answer any questions that aren’t required (i.e., like your name). Don’t speak unless absolutely necessary, such as asking for an attorney. If you have injuries, request medical attention immediately. Also, request that photos be taken of your injuries and included in the report. During all of this, don’t yell, become combative, threaten to sue, or say anything else about civil rights. Use your right to remain silent, because what you say really will be used against you later.
Gather evidence and build your case
You will need to prove your case of excessive force with facts and evidence, and you need to work quickly, so that none of this is lost or possibly destroyed.
1. Immediately create a written record of the event. Document everything, including day, time, circumstances, witnesses, and anyone who was with you. Don’t worry about formatting — you’re just documenting and organizing everything, and putting together a timeline to establish facts. Once you’re in court, you will be required to tell your story, clearly and exactly. Written and coherent documentation of the events will help you remember the details of your case.
2. Gather physical evidence. Pictures, video, a police report or citation, medical records (if required), any damaged property (i.e., torn clothes or damaged shoes) and anything else that’s relevant is evidence.
a. If you were injured, take pictures of your injuries and save them in a safe place (i.e., online photo storage, not just on your phone or hard drive)
b. Take pictures of any damaged personal property, and put the items away for safe keeping until they are needed.
3. Gather witnesses’ contact information. Witnesses who can verify and validate your story are crucial. An attorney may request a signed witness statement from them detailing what they saw. You need to document these facts as quickly as possible. Get copies of any videos that witnesses may have taken of the incident.
4. Take care of yourself first. If you were denied medical care in custody, go to the hospital and get checked out. Be sure to get copies of all your medial records. If you were charged with a crime, you’ll also need to find a defense attorney and take care of it. Document everything, including time off work, legal fees and other details.
What if I witness police using excessive force against another individual?
If you are a witness to police using excessive force, immediately document what you see, in as much detail as you can. Write down the time, date, place, and names if you can get them, along with any other relevant details you can remember. If you can take pictures or video, do so, and save them somewhere. Recalling the incident and going over it helps you remember specific details. You may be called upon to give testimony later, and a written account will go a long way in helping you to remember the details correctly.
Protect your civil rights in Denver
What can you do if you’re the victim of excessive force? You need an attorney who is knowledgeable about the laws and how they apply to the police. The Civil Rights Litigation Group has handled many of these kinds of cases and can help you. Contact the Civil Rights Litigation Group at (720) 515-6165 today for a free consultation.
In any corner of the Internet, there are bloggers to talk about anything and everything. Food. Fashion. Culture. Trends. Anything people talk about. Supplemented by social media, a blogger can be unknown one day and known around the world the next. And they may not know their first amendment rights.
You may be considering a blog of your own. Maybe you want to talk about Denver’s restaurant scene, the city’s LGBT-friendly places to visit or the annual Denver Pride Fest. Or you’d like to inform the general public about a problem or two that not everyone knows about. Once you set up your website and start writing, you may wonder if you can say whatever you want. Yes, and no. Blogging is, for the most part, protected speech under the First Amendment. But before you start posting about something, there are a few things you need to be aware of.
What fhe First Amendment says
The actual text says:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Free speech includes making statements about a person or topic that are truthful or based on an honest opinion. But there are exceptions, including:
Fighting Words — face-to-face confrontations that will probably lead to a fight (Chaplinskyv. New Hampshire ,1942)
Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. Indeed, many bloggers have uncovered stories that have undermined the so-called mainstream media, or stories the MSM ignored but needed to be told. Differentiation between opinion and fact is also important in a blog post. What happens when you say something someone doesn’t like?
Montana Blogger Crystal Cox is a blogger who considers herself a whistleblower, wrote a series of blog posts accusing Obsidian Finance Group and a bankruptcy trustee of tax fraud. Obsidian sued and won after a lower court found that because Cox wasn’t a paid journalist, Obsidian didn’t have to prove that Cox acted with negligence.
However, the 9th U.S. Circuit Court of Appeals in San Francisco ruled Cox was entitled to a new trial, even though she isn’t formally a reporter. “As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable,” 9th Circuit Judge Andrew Hurwitz wrote for a unanimous three-judge panel in the case. The attorney for Obsidian and their trustee, Steven Wilker, also observed that the 9th Circuit did not dispute that Cox’s statements and accusations were, indeed, false.
While Cox has been accused of making allegations of fraud and other illegal activities in exchange for payoffs for retractions, she was still found to be protected by the First Amendment. The 9th Circuit ruled that Obsidian would be required to show that Cox exhibited “negligent behavior.” In January of 2014, represented by UCLA School of Law professor Eugene Volokh, Cox won on appeal, giving bloggers the same protections as traditional journalists.
Free speech is a civil right
Are you considering starting your own blog? You’re in good company, and the First Amendment is on your side. But there are some responsibilities that go along with freedom of speech.
If someone has threatened your right to free speech, you can fight back. Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
As a diverse and progressive city, Denver has a lot going for it. One of the more welcoming cities in the west, there are friendly people and something for just about everyone, including the LGBT community.
But the dark side of Denver involves something not so welcoming: police brutality.
Most police officers do their job every day, and no one ever hears about them. Unfortunately, there are more than a few “bad apples” that give everyone in law enforcement a bad name.
What is police brutality?
When a police officer (or multiple officers) use more physical force than necessary to respond and control a situation. This can include physical force on handcuffed or otherwise restrained individuals, unnecessarily injuring someone in their custody, as well as firing a weapon when unneeded. Police brutality can take a number of different forms and includes any improper or illegal activities connected with official duty.
Denver law enforcement officers have a sworn duty to protect all individuals from any constitutional violations that another law enforcement officer may inflict on an individual in their custody (or anyone else.) If a law enforcement officer witnesses another officer violating a private citizen’s constitutional rights, he or she may be guilty of failing to get involved.
The first step: Take care of yourself first
If you’re injured after an interaction with the police and believe you are the victim of police brutality, take these steps to get started on filing your complaint
Get medical attention
Photograph and document your injuries
Write down everything, in as much detail as you can
Are there witnesses? Get statements and any video or other recordings they may have of the incident
·Gather any other evidence that you may have, and keep it in a safe place, i.e., damaged clothing, cell phone, etc.
The second step: Filing a complaint
Reporting police brutality is the first step in doing something about it. The Denver Police Department website has a contact form that one can file their complaint immediately.
The Colorado Division of Civil Rights, which includes the Civil Rights Commission, has an entire website of information and resources to help you file a complaint. The DCR also offers alternative dispute resolution (also known as “mediation”) to assist with resolving conflicts and potentially avoiding court hearing and litigation.
You should also contact an attorney who specializes in civil rights violations to help you file your complaints and pursue justice.
Police brutality is against the law
The police do not have the right to deny you the constitutional rights you have. If the police have violated your rights (or even caused injuries), we’re here to help you recover for your damages, help you heal from any injuries and make sure justice is rendered. A civil rights attorney will aggressively defend you in court and fight for your rights, and if necessary, clear your name.
If you or a loved one are the victims of police brutality or other law enforcement abuses, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
Employment law is vast and always changing, and whether your employer pinched you in an inappropriate place or you just discovered that your boss has neglected paying you for overtime hours, it’s important to hire a local, Denver, Colorado employment lawyer who can represent your case and, using in-depth knowledge and in-court experience, fight for a beneficial and just resolution.
Whatever your employment-related legal case (more on this below), you should never make the mistake of hiring the attorney who helped a friend’s divorce, the attorney who closed your real estate purchase, or the prosecution attorney who knows a little about harassment in the workplace. Instead, make sure you get a lawyer who specializes in employment law and who can work the landscape to your advantage.
If you have an employment-related legal issue, get the leading attorney in the Denver area by calling the Civil Rights Litigation Group. You can reach us at (720) 515-6165 or filling in a form here.
What to expect when hiring an employment lawyer for your case
In civil cases in Colorado, there is this saying that, “The only person who wins in a civil case is the lawyer.” This saying refers to the often exhausting legal processes related to civil law as well as employment law. By filing a lawsuit or a complaint against your employer, you’ll be digging dirt up on them and the employer will be doing the same to you; sometimes, clients report that the stress of the legal processes disrupts their sleep and concentration.
Also, it’s important to remember that most employment law cases are not “open and closed.” Even if you believe you have an airtight case, your employer may surprise you with tons of evidence that could very well disrupt the chances of your lawsuit.
With these factors in mind, it’s always a good idea to take a deep breath and ask yourself, “Is it really worth it?” Filing a lawsuit might not be worth it, but then again, it could be. By speaking with an experienced employment lawyer, you can get a better idea of your case, the strength of your evidence, and other factors. By hiring an attorney, you not only receive expert guidance and counsel through the legal processes, but you always get a reality check at every stage of the process.
When should you call a Denver employment lawyer?
Whether you decide to call an employment lawyer is solely up to you, and yet, it can be difficult to know if your employment issue constitutes a violation of federal labor laws. For instance, were you denied that promotion because of a lack of experience or because you are part of a certain religion, sexual orientation, national origin, or another “group?”
At the Civil Rights Litigation Group in Denver CO, we handle any employment-related case related to federal laws. In general, this includes:
Knowing the difference between a discriminatory action and a violation of federal laws can be difficult; nevertheless, you may want to contact a Denver employment lawyer in the following situations:
You were harassed, discriminated against, or retaliated against by your employer
You are being forced to sign an agreement that waives some rights you are entitled to
Your employer has violated state or federal laws created to protect employees
You employer has not given you benefits detailed in your employment contract
How to prepare a first meeting with your attorney
So, you believe that you have an employment law issue; the next step may be to contact a local employment lawyer who will help you decide if your case is worth pursuing. And once you have the consultation scheduled, it’s important to do a little preparation to make the most out of the meeting. This consultation is an opportunity to make sure your attorney has all the facts and other information. Some important tips to keep in mind when meeting your attorney include:
Make sure to bring good, clean copies of any relevant documents
Bring a fact chronology that outlines the factual timeline of the case
Dress appropriately (remember, you want to try and convince the attorney that you’re serious about the case)
As always, make sure to set realistic expectations. Although you may be fired up about a work-related issue, the attorney may see something else in your case, such as a lack of evidence. In some situations, the attorney may turn down your case, and if this happens to you, remember that you need the right attorney, which doesn’t necessarily mean the first attorney who looks over your case.
Don’t hesitate and call the top Denver employment lawyer
There are many situations when you may need to call a Denver employment lawyer. With years of experience representing countless individuals who’ve had their rights violated, we at the Civil Rights Litigation can help you too. From carefully listening to your case to helping acquire the necessary evidence to pursue the defendant in Colorado federal courts, an experienced attorney will be one of the best tools you have for seeking justice and recovering damages. For a free, no-obligation consultation with our Denver law firm, call us today at (720) 515-6165.
Most police officers exercise restraint when handling members of the general public, but there are times when a situation gets out of hand and citizens get hurt. The law allows the police some flexibility when dealing with or handling an uncooperative individual. Deadly or excessive force can be used if the officer feels he or she is being threatened (i.e., someone pointing a gun at them). But if physical force is unwarranted, it may be considered excessive force, and a violation of one’s civil rights.
