Colorado, under a hard and sometimes abusive leftist agenda driven by homosexual Gov. Jared Polis, has a long history of deliberately setting rules and requirements that violate the First Amendment.

But multiple losses at the Supreme Court, in its assaults on the constitutional rights of bakers, web designers and counselors, may have delivered a realization it was butting heads with a really big opponent.

So it has decided to pull back from its latest attempt to control the thoughts and minds of residents.

This case involved its new requirement that private lawyers in the state who want to access the state’s court system “pledge under penalty of perjury not to assist federal immigration enforcement.”

The apparent resolution to the purely political agenda by leftists in the state was reported by the Foundation for Individual Rights and Expression.

The organization reports Polis has signed a law that includes a provision “to clarify that Colorado rules against sharing information with federal immigration officials do not apply to private attorneys accessing the electronic filing system for state courts.”

Ian Speir, a lawyer in Colorado Springs, first drew attention to the state’s blunder, and said, “I’m glad that Colorado has backed down from a First Amendment fight they weren’t going to win. Colorado might be able to tell its own lawyers what they can say to ICE. But I work for my clients, not the government.”

The state had, by email, told lawyers that the leftist demand was gone.

“And not a moment too soon — if Colorado’s bill hadn’t repealed the requirement, the Foundation for Individual Rights and Expression was prepared to file a First Amendment lawsuit on behalf of Speir seeking an injunction to force the state to lift it,” the organization confirmed in a report.

“Under the First Amendment, the government cannot condition an attorney’s access to courts on a promise not to use information for a lawful purpose the state disfavors,” said FIRE lawyer Greg Greubel.

The state’s leftists in 2021 adopted a law requiring any third party accessing records managed by a state agency to promise not to provide certain private information to federal immigration authorities. Last year they expanded that to include “legislative and judicial branches” and their agencies.

Speir was trying to work for a client, and he ran into a state demand that said, “I certify under penalty of perjury that I will not use or disclose personal identifying information . . . obtained from this database for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement.”

Since Colorado demands that lawyers use the e-filing system, he was blocked.

FIRE explained Colorado was in the range of illegal activity for not having its requirements viewpoint neutral, for using unconstitutionally vague language, and not having its demands narrowly tailored.

FIRE noted, “Legal issues aside, Colorado’s bill set a terrible precedent that was all too likely to be replicated across the country. If blue states can force attorneys to pledge not to cooperate with federal immigration enforcement, there is no reason red states couldn’t force attorneys not to cooperate with, say, federal environmental or labor enforcement.”

Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is currently a news editor for the WND News Center, and also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.