Free Exercise Of Speech
Bottom Line Up Front: In Colorado’s future, no one should fear retribution from the state for speaking their mind. We want lively debate on everything from taxes to social issues. Even speech we disagree with; we defend your right to say it. As Voltaire (apocryphally) said, “I disapprove of what you say, but I will defend to the death your right to say it.” That’s our stance. Through protecting Free Exercise of Speech, we ensure the marketplace of ideas in Colorado stays open – that’s how truth wins.
a. Essential Liberty: Free Speech is the lifeblood of a free society. The right to speak one’s mind, to debate, to criticize the government, to share ideas – even offensive or unpopular ones – without fear of government punishment is enshrined in the First Amendment. “Congress shall make no law…abridging the freedom of speech, or of the press.” Colorado’s Constitution goes even further in protecting free communication of thoughts (Art. II, Sec. 10). We hold that open discourse is how truth emerges, and republics remain healthy. From the biblical prophets speaking truth to power, to patriots like Patrick Henry proclaiming liberty, to ordinary citizens today posting opinions online, free expression enables change and accountability. As a campaign, we want all voices heard, even dissenting ones. Free exercise of speech means not only the spoken and written word, but symbolic expression, art, and communicating support for causes. We will defend these vigorously.
b. Current Challenges and Constitutional Stance: Nationally, free speech is under pressure – cancel culture, disinformation policing, big tech censorship in cahoots with government. Constitutionally, the government cannot censor speech based on viewpoint. It also cannot compel speech (this ties into our earlier discussion of Masterpiece and 303 Creative – they shouldn’t be forced to express messages they disagree with). We interpret the First Amendment in its broad, original sense: especially political speech gets utmost protection. There are narrow exceptions (true threats, defamation, obscenity etc.), but these must remain narrow. We oppose vague “hate speech” laws – hate speech, however vile, is generally protected unless it crosses into incitement of imminent lawless action or direct threats. We stand against any government entity in Colorado that tries to regulate speech content.
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c. Colorado Policy Conflicts:
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1. Student and Campus Speech: Colorado’s public universities and K-12 schools must be bastions of free inquiry. There have been incidents at colleges around the country (and possibly here) where speakers are disinvited, or students face discipline for unpopular opinions. We will push our universities to adopt strong free speech policies (the Chicago Principles, for instance). We’ll also consider a Campus Free Speech Act to ensure no free speech zones (speech should be allowed generally on campus in public areas), and that students know their rights. For K-12, while schools have more leeway to maintain order, students don’t shed all rights at the schoolhouse gate (Tinker v. Des Moines). We’ll make sure schools aren’t punishing students for respectfully expressing personal views, whether that’s a religious statement or a political one. We also value freedom of the press in schools – student journalists should be free to report (consistent with law) without undue censorship by administrators (following Colorado’s existing student free press law).
2. Online Speech and Big Tech: While private tech companies are not government, there’s growing evidence of government officials pressuring or colluding with social media to censor viewpoints (as revealed in the Missouri v. Biden federal case). If any Colorado state officials or agencies have engaged in asking social platforms to silence users for lawful speech, that must stop – it’s a First Amendment violation by proxy. We will promulgate guidelines that Colorado officials should not be in the business of flagging “misinformation” on social media – that easily becomes viewpoint discrimination. We trust people to sort truth from falsehood if all sides are heard.
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3. Free Speech vs. Harassment Laws: Colorado has harassment statutes that could be misapplied to speech (e.g., electronic harassment laws). We need to ensure these are used only when speech falls into unprotected areas (true threats, targeted harassment like stalking, etc.), not to punish harsh or offensive language per se. Similarly, the state’s anti-bullying efforts in schools should focus on actual bullying behavior, not become speech codes that ban expressing certain opinions. We will review any state or local ordinances that might criminalize speech (for example, some places have tried to outlaw certain picketing or profanity – those likely infringe on First Amendment if content-based).
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4. Compelled Speech is also a key issue: We will not allow the state to force individuals to say or endorse messages they oppose. This goes beyond the wedding vendor cases; it could include, say, state licensing requiring professionals to voice certain ideology. Some states considered making counselors affirm certain narratives. Under us, Colorado will honor each person’s conscience in speech. Government’s role is persuasion, not coercion: If we want to change minds, we’ll use our own speech and encourage debate, not gag one side.
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Finally, “free exercise of speech” means listening too. Our administration will foster a culture of civil discourse. We might host town halls and invite critics to speak freely. When citizens are heard, tensions ease. We’ll encourage debate in legislative processes – no more rushing bills without adequate public comment. We commit to transparency (free press access, no stonewalling records requests) because a free press informs the public, which is essential for free speech to have impact (people need facts to discuss).