Legal Question in Constitutional Law in Colorado

Free Speech

After my scathing editorial against the local sherriff was published in the paper, the sherriff published information regarding my criminal arrest, not generally available to the public, in an editorial response on thier website. I believe this was an attempt to intimidate me and supress my future comments by inciting fear of embarrassment to my family. Can I sue the County to a) change thier web site policy, and b) collect monetary damages?


Asked on 12/05/08, 1:58 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Free Speech

Arrest records are public, available to anyone who runs a search (usually for a small fee).

That said, you might hire a lawyer to write a strongly worded letter demanding that they remove the information or face a lawsuit based on discriminatory disclosure of information.

Better yet, write another article describing the sheriff's reaction, own up to your own record, and screw 'em.

You are unlikely to win any monetary damages, because truth is a defense to such suits, but you may win an order to remove the info.

Good luck.

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Answered on 12/07/08, 8:51 pm


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