The Colorado Supreme Court on Monday denied a request to review a ruling in a defamation lawsuit in which a former candidate for Boulder City Council accused a local political organizer of defamation and misappropriation.
The March 11 decision paves the way for the lawsuit to proceed to what could be a politically charged trial with implications for political speech and local campaign tactics.
In 2021, former Boulder City Council candidate Steve Rosenblum filed a lawsuit alleging Eric Budd, a local political organizer, and other members of the political group Boulder Progressives conspired to spread defamatory statements about him. The defendants had published links to a blog containing statements falsely attributed to Rosenblum.
Following a Boulder District Court judge’s ruling to allow the case to move to a trial, the defendants appealed to the Colorado Court of Appeals, using a state law designed to dismiss lawsuits intended to suppress free speech. In August 2023, the appeals court issued a mixed ruling, dismissing the claims against all the defendants except Budd.
The allegations against Budd have to do with his creation of a Twitter (now X) account using Rosenblum’s name. The account listed a link in its bio to a blog, Safer Leaks, featuring statements on Reddit falsely attributed to Rosenblum. Rosenblum argued this amounted to misappropriation and defamation, and the appellate court judges ruled in his favor.
Budd petitioned the Colorado Supreme Court to review the Colorado Court of Appeals ruling, stating that if the appellate court decision were to stand, it “will undermine Free Speech interests and may act to stifle and chill free expression.”
The request was Budd’s last chance to have the case dismissed under Colorado’s law to discourage SLAPP lawsuits, or strategic lawsuits against public participation. The court agrees to hear about 5% of petitions filed every year.
The Colorado Supreme Court’s one-sentence denial of the petition means the case will return to the Boulder District Court for a trial unless Budd and Rosenblum reach a settlement.
A trial would intensify a court battle spanning over two years, entangling a key member of the Boulder Progressives, a political organization that has played a pivotal role in shaping recent Boulder City Council majorities and influencing policy at both the local and state levels. The lawsuit is viewed by some as a proxy for a debate over tough campaign tactics, which played out in last year’s first-ever mayoral race conducted through an instant runoff election. Rosenblum, who is no longer a registered voter in Boulder County, ran on a platform supported by residents who had advocated for the city to spend more money on clearing encampments of homeless people. Many of the organizers who supported him often stand in opposition to the Boulder Progressives.
Stan Garnett, the former Boulder County district attorney who is representing Rosenblum, said he was pleased with the Colorado Supreme Court’s decision not to review the appellate court ruling. If the case proceeds to a trial, Garnett said Rosenblum “is looking forward to his day in court.”
Garnett said Rosenblum is open to negotiating a settlement. But he said any settlement “would have to include acknowledgement from Mr. Budd of what he did and the impact it had.”
Rosenblum lost his race for a seat on the Boulder City Council by less than 2,000 votes.
Budd declined to comment on the ruling. John Culver, the lawyer representing Budd, was not immediately available for comment.
