VDARE Foundation v. City of Colorado Springs, et al., No. 20-1162 (10th Cir. 2021)
Annotate this CaseVDARE Foundation, Inc. alleged the City of Colorado Springs improperly spoke through a public statement issued by its Mayor and, in so doing, violated VDARE’s First Amendment rights. The public statement, issued two days after the Charlottesville protests, denounced “hate speech” and relayed that the City wouldn’t be providing municipal resources for VDARE’s upcoming private conference in the City. The day after the Mayor issued the statement, a private resort in the City cancelled its contract to host VDARE’s upcoming conference. VDARE alleged, under 42 U.S.C. 1983, that the City’s statement left the resort with no choice but to cancel the conference and thus: (1) violated VDARE’s rights to freedom of speech and freedom of association; (2) constituted First Amendment retaliation; and (3) tortiously interfered with VDARE’s contract with the resort. The district court dismissed VDARE’s federal claims for failing to state a claim. After that, it declined to exercise supplemental jurisdiction over the state tort claim. VDARE appealed. Finding VDARE did not allege a plausible Fist Amendment claim, the Tenth Circuit affirmed dismissal of its case.
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