Defamation Lawsuits

The Civil Rights Litigation Group champions your free speech rights. We enforce those rights when government actors abuse their power by suppressing your right to speak or by retaliating against you for your speech. Beyond direct suppression, powerful entities sometimes use another sinister strategy to silence you: SLAPP lawsuits (Strategic Lawsuits Against Public Participation). These bad-faith legal actions aim to drain your resources or intimidate you into silence. When facing such tactics, Anti-SLAPP litigation offers the most effective response.

Colorado defamation, libel, and slander legal framework

Colorado defamation law offers strong protections for free speech rights, including Anti-SLAPP laws. At the Civil Rights Litigation Group, we represent defendants who have been improperly targeted with lawsuits for speaking truth to power, publishing their grievances with the government, or truthfully sharing their opinions on public issues or matters of public concern.

Colorado Anti-SLAPP Law: A robust shield for free speech

Colorado enacted one of the nation’s strongest anti-SLAPP statutes in 2019 (C.R.S. § 13-20-1101), creating substantial protection against lawsuits designed to silence protected speech. This important legislation safeguards those who speak on matters of public interest from facing frivolous litigation intended to chill constitutionally protected expression.

Colorado’s anti-SLAPP law enables eligible defendants to file special motions to dismiss lawsuits that target acts of free speech or petition related to public issues. Courts must consider both pleadings and supporting affidavits to determine whether the plaintiff has established a reasonable likelihood of prevailing in the case.

When a defendant successfully invokes anti-SLAPP protection, the case can be dismissed before expensive discovery processes begin. Additionally, defendants who prevail on anti-SLAPP motions may recover attorney fees and costs, making this law a powerful deterrent against using litigation to suppress legitimate speech on public matters.

Defamation claims in Colorado

Understanding the different types of defamation claims in Colorado is essential for defendants:

Defamation per se in Colorado

Certain statements are considered inherently harmful under Colorado law, constituting defamation per se. These include false allegations that someone has committed a crime, engaged in unethical professional conduct, has a loathsome disease, or engaged in sexual misconduct. In defamation per se cases, damages are presumed without requiring specific proof of harm.

Public figure and public concern standards

When a plaintiff is a public official, public figure, or private individual involved in a matter of public concern, Colorado law requires proof that the defamatory statement was made with actual malice. This heightened standard requires evidence that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Libel and slander in Colorado

Defamation in Colorado takes two primary forms.

Libel in Colorado

Libel involves written or published false statements that harm reputation. This includes traditional publications like newspapers or books, as well as modern formats such as website content, online reviews, emails, social media posts, and digital publications. The permanence of written statements often influences how courts assess potential damages.

Slander in Colorado

Slander consists of spoken false statements that damage reputation. This may include verbal statements in professional settings, public speeches, broadcast communications, or false statements made to employers or licensing authorities. Because spoken words can be more ephemeral, slander cases sometimes face different evidentiary challenges than libel cases.

Internet defamation considerations

Defamation published online presents unique legal challenges. The mode and extent of internet publications can significantly influence damage assessments. When defamatory content appears online, multiple jurisdictions might apply, including state, federal, and sometimes international law.

Seeking legal guidance

If you have been sued for defamation after making political statements or statements about public issues, you should consult with attorneys experienced in Colorado defamation law quickly. The Civil Rights Litigation Group provides knowledgeable counsel for defamation defendants.

This information serves as an educational overview of Colorado defamation law. It does not constitute legal advice. Reading it does not create or constitute an attorney-client agreement or relationship.

If you want to speak with an attorney helping you defend against a defamation lawsuit that you were recently served, call us to schedule a paid consultation.

Call Civil Rights Litigation today at (702) 515-6165.