Colorado Supreme Court Rejects Decision Limiting Lawyer Speech in Class Action Cases
In a major victory for free speech rights, the Colorado Supreme Court overturned a troubling lower court ruling on Monday that would have had a chilling effect on lawyers' ability to inform the public about class action lawsuits.
Previously, the state's Court of Appeals had carved out an exception to the immunity enjoyed by attorneys when it comes to their own litigation. This exception meant that attorneys could potentially be held liable for defamation if they made inflammatory statements while publicizing a class action case, as long as they could identify the affected plaintiffs without resorting to media dissemination.
Justice Richard L. Gabriel, writing for the Supreme Court's September 11th opinion, strongly criticized the Court of Appeals' interpretation as "unworkable." This flawed exception would have created unnecessary restrictions on attorneys' ability to communicate with the public about important lawsuits.
The plaintiffs' attorneys received support from legal aid organizations, the ACLU of Colorado, and several media entities during their appeal to the Supreme Court. These groups emphasized that the Court of Appeals' exception would have severely impacted the public's access to information about significant litigation.
Justice Gabriel further denounced the exception created by the Court of Appeals as "unworkable in practice" and an unjustifiable limitation on the protection against defamation. However, it is essential to note that lawyers are not absolved of consequences for making false and harmful statements. Justice Gabriel cited the case of Jenna Ellis, a former attorney for President Donald Trump's 2020 reelection campaign, who faced disciplinary action for spreading misinformation about the election being "stolen." In March, Colorado's presiding disciplinary judge publicly censured Ellis.
It is clear that while lawyers should retain their right to speak out about their cases, they must exercise caution and adhere to professional conduct rules. Gabriel's warning serves as a reminder that attorneys could face appropriate sanctions or disciplinary measures if they violate these rules in connection with their public statements.
In essence, the Colorado Supreme Court has rightfully prioritized the fundamental right to free speech by rejecting the Court of Appeals' overreach and safeguarding lawyers' ability to disseminate information to the public about class action lawsuits.