The Colorado Capitol removed language banning “political” clothing from its webpage on Wednesday after being threatened with a lawsuit for “arbitrarily” enforcing the rule, according to the legal group handling the case.
The Foundation for Individual Rights and Expression (FIRE) letter Colorado's Senate delegation called for the rule change in July after Colorado Christian University professor Jeffrey Hunt was removed from the Senate floor during a vote on an abortion bill for wearing a shirt that read “Pro-Life U,” a reference to the university. Announced On Wednesday, the Capitol announced that a rule banning “pin badges or clothing making a political statement” in the Capitol galleries had been removed from its website.
“I’m thrilled with this outcome,” Hunt said. “Coloradans can now freely express their views, especially in the forum where they have a say: the State Capitol.”
Victory: Colorado officials Jeff Hunt He was kicked out of the Senate gallery for wearing a Pro-Life U sweatshirt because it was a “political statement.”
Thanks to FIRE’s support, state House and Senate leadership lifted a ban on “political” clothing in the Capitol galleries. pic.twitter.com/8DB2BOPaIU
— FIRE (@TheFIREorg) August 14, 2024
The July letter argued that the ban was unconstitutional for restricting speech and expression in government buildings, that the rules were being applied in a “viewpoint-based discriminatory manner,” and threatened to sue the sergeants.
“The Capitol Gallery Rules' ban on 'political' pins and clothing violates the First Amendment,” the letter said. “When the government seeks to silence political expression, it bears a heavy burden to justify censorship. The Capitol Gallery Rules fail to meet that high standard.”
According to the letter, just weeks before the May incident, a group wearing pro-gun control shirts that read “Angels Against Gun Violence” had been allowed into the same museum without incident. (Related article: 'It's unimaginably bad': Judge slams blue-state university for excluding Jewish students during protest)
“While Jeff had a right to express his opinion in an unobtrusive way, this rule was too broad and gave officials too much leeway to enforce the ban arbitrarily,” FIRE attorney Josh Breisch said in a statement. “Now that the ban has been lifted, Coloradans can wear their political shirts where politics is concerned.”
FIRE argued that the Capitol's rules banning disruptive behavior in the gallery were sufficient and that a ban on silent political expression was unnecessary.
The Colorado Capitol Police and the Senate did not immediately respond to requests for comment.
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