COLORADO, USA — What began this week as a pair of emails sent as part of a reporter’s due diligence has turned into a fight over the fundamental First Amendment right of press freedom.
On Tuesday, The Denver Gazette planned to run a story I wrote about the criminal case against one police officer charged in connection with Elijah McClain’s death in 2019. The story is based on the officer's request to a judge in Adams County to review the charges for probable cause, a motion that is suppressed from public access.
But on Monday, Judge Priscilla Loew issued an order to stop us from publishing the story. Our attorney, Steve Zansberg, filed a motion asking the judge to vacate that order, which he says is plainly unconstitutional "prior restraint."
After a further review of the constitutional issues at stake, Loew agreed with Zansberg's arguments in a new order late Thursday, concluding that the state's "interest in protecting grand jury secrecy in this case, where the grand jury has completed its deliberations, does not outweigh The Denver Gazette's First Amendment right to publish truthful and lawfully-attained information."
SUGGESTED VIDEOS: Latest from 9NEWS
MORE WAYS TO GET 9NEWS
Subscribe to our daily 9NEWSLETTER for top stories from 9NEWS curated daily just for you. Get content and information right now for can’t-miss stories, Next and Broncos content, weather and more delivered right to your inbox.
DOWNLOAD THE 9NEWS APP
iTunes: http://on9news.tv/itunes
Google Play: http://on9news.tv/1lWnC5n
HOW TO ADD THE 9NEWS APP TO YOUR STREAMING DEVICE
ROKU: add the channel from the ROKU store or by searching for KUSA.
For both Apple TV and Fire TV, search for "9NEWS" to find the free app to add to your account. Another option for Fire TV is to have the app delivered directly to your Fire TV through Amazon.