Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: New Times, Inc. v. Ortiz
Case Number: 00-F-612, United States District Court, District of Colorado
ACLU Case Number: 1998-06

Description: This case challenges the censorship of books, newspapers, magazines, and political commentary in the Colorado Department of Corrections (DOC). The plaintiffs include the Association of Alternative Newsweeklies, eight publishers of periodicals that have been censored, including Denver’s weekly alternative newspaper, Westword, and seven prisoners at various Colorado facilities. The complaint alleges that the DOC’s criteria for screening incoming publications are overly broad, subjective, and unconstitutionally vague, resulting in a pattern of arbitrary, erratic, inconsistent, and irrational censorship that repeatedly violates the rights of publishers as well as prisoners. The suit challenges several of the substantive criteria for censorship as well as the procedures for permitting publishers and prisoners to appeal censorship decisions.

In a settlement reached in 2004, the DOC agreed to system-wide reforms of its censorship practices, including adopting a new version – negotiated by the parties – of the Administrative Regulation that governs censorship practices and procedures.

Issues: Freedom of speech; freedom of the press; rights of prisoners; due process of law

ACLU of Colorado Attorneys: Hugh Gottschalk, Gwen Young, Mark Silverstein

Links to Selected Documents:

News Release, March 22, 2000, “ACLU challenges censorship of publications in Colorado prisons”

Complaint, New Times v. Suthers, filed March 22, 2000

Settlement Agreement, approved by Judge Figa, August 2004

Settlement Agreement, Exhibit A, Administrative Regulation 300-26, adopted October, 2004

News Release, November 30, 2004, "ACLU and Colorado DOC settle lawsuit challenging censorship practices"

Plaintiffs' Motion to Enforce Settlement Agreement, filed 3/31/05