VICTORY: After FIRE threatens lawsuit, Colorado lifts ban on ‘political’ apparel

DENVER, Aug. 14, 2024 — Political apparel is back in style at the Colorado State Capitol.

After Capitol officials kicked Jeff Hunt out of the senate public gallery for wearing a pro-life sweatshirt, the Foundation for Individual Rights and Expression demanded in a July 16 letter that they stop playing fashion police. Faced with a potential First Amendment lawsuit, leaders of the Colorado House and Senate agreed to rescind the Capitol galleries’ unconstitutional ban on pins and apparel “expressing political statements.”

“I am thrilled at this outcome,” said Hunt. “Now, Coloradans are free to share their voices, particularly at the state Capitol, where the work of the people takes place.”

COURTESY PHOTOS OF JEFF HUNT

On May 21, Hunt visited the Colorado State Senate session to oppose bills regulating crisis pregnancy centers. To silently express his pro-life stance, he wore a sweatshirt reading “Pro-Life U” inside the gallery. But sergeants-at-arms told Hunt that “Pro-Life U” is a “political statement” prohibited by a gallery rule. 

Just weeks before Hunt was forced to leave the gallery, sergeants-at-arms allowed a group of students to sit in the gallery wearing pro-gun control shirts. In light of this double standard, FIRE’s letter reminded Colorado officials that the First Amendment prohibits them from relying on unreasonable rules that allow for discriminatory or inconsistent enforcement.

“Jeff should have been allowed to express his opinions in a non-disruptive manner, but the rule was overbroad and gave officials too much leeway to arbitrarily enforce the ban,” said FIRE attorney Josh Bleisch. “Now that the ban is no more, Coloradans can wear a political shirt where politics happens.” 

As of Tuesday, the problematic language about political apparel has been scrubbed from the Capitol website and gallery signs. 

“Colorado did the right thing,” said FIRE attorney Raul Ruiz. “Other states should be on notice that bans on political expression will not be tolerated.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT

Katie Kortepeter, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org