Washington, DC — Citizens United President David N. Bossie released the following statement after Citizens United was denied a preliminary injunction in Citizens United v. Gessler:
“We are disappointed by the district court’s decision denying our motion for a preliminary injunction, which leaves in place Colorado’s discriminatory disclosure and disclaimer requirements. As we did in Citizens United v. FEC – where we lost at the trial court – we will appeal this decision to preserve our First Amendment rights. The Supreme Court has repeatedly made clear that it is unconstitutional to discriminate among speakers based on their status, viewpoint, identity, or message. Colorado’s disclosure and disclaimer requirements cannot be reconciled with this settled First Amendment principle because those requirements burden the speech of Citizens United but do not apply to the traditional print and broadcast media.
“In Citizens United, the Supreme Court stated: ‘We have consistently rejected the proposition that the institutional press has any constitutional privilege beyond that of other speakers.’ Yet, Colorado exempts the institutional news media from its burdensome campaign finance disclosure regime, while denying Citizens United a similar exemption for its upcoming documentary film, Rocky Mountain Heist. Citizens United has a First Amendment right to produce and promote Rocky Mountain Heist on an equal footing with newspapers, television broadcasters, and radio stations. We plan to pursue an immediate appeal to the Tenth Circuit so that Coloradoans can view this important film and Citizens United can exercise its First Amendment freedoms unencumbered by the burdens of Colorado’s discriminatory disclosure requirements.
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“I look forward to watching former U.S. Solicitor General Theodore B. Olson spearhead this important constitutional case as we go forward with our appeal.”