American Civil Liberties Union of Colorado v. Gonzalez

The State of Colorado adopted new administrative regulations setting out procedures for issuing permits and conducting rallies and demonstrations on the steps of the State Capitol. One regulation provides that the State of Colorado may cancel a permit for a rally whenever the Department of Homeland Security declares a state of heightened alert. The ACLU contends that this provision and others violate the due process rights of permit holders and threaten the right of free expression. In June 2006, the district court upheld all but one of the challenged regulations, and the ACLU filed a notice of appeal. The State filed a cross appeal.

Update: A settlement was reached in early 2008, just before oral argument was scheduled to be heard in the Court of Appeals. The State revised the text of the challenged regulations and issued them in the form of emergency rules in February 2008. The parties agreed to dismiss the pending appeal.

"ACLU announces settlement of 4-year-old lawsuit over Colorado regulations threatening the public's right to free speech at the State Capitol," ACLU News Release, March 5, 2008