After radio host was removed from Capitol gallery for wearing pro-life shirt, 'political' clothing ban is lifted.
The ban on political apparel in Colorado's legislative galleries has been lifted, resulting in a "total win for free speech," according to Denver radio host Jeff Hunt.
Nearly a year and a half after a Denver radio host was kicked out of the Senate gallery for wearing a pro-life sweatshirt, the Colorado State Capitol has lifted its ban on political apparel in its legislative galleries.
"According to Jeff Hunt, speaking on Planet Chronicle Digital, the outcome was a complete victory for free speech. As he stated, "Being free to express yourself is a triumph, and our society is all the better for it.""
The state removed language about the ban from its website and signs inside the Capitol, as per the nonprofit Foundation for Individual Rights and Expression (FIRE), which sent a letter last month warning that the ban violated the First Amendment and seemed to only be enforced against certain political beliefs.
On March 21, 2023, the shirt strife began when Hunt attended the Capitol to support pregnancy resource centers during a hearing on a bill that would regulate such centers. He wore a pullover with the words "Pro-Life U" over "Colorado Christian University," where he had previously worked. The school claimed to be the most pro-life university in the country, motivating Hunt to create the shirt.
A sign in the Senate gallery informed visitors that pins or apparel expressing political statements were prohibited, and after "seconds," a sergeant at arms led Hunt out to the hallway.
The sergeant at arms in a video clip recorded outside the gallery stated, "Pro-life. That's a political statement."
Hunt was instructed to either turn his shirt inside out or leave the gallery, as it was perceived as a political statement, despite his explanation that it was a reference to a college. He chose to wait outside.
The aim of the policy is to prevent conflicts between opposing sides on any specific issue, as stated by Secretary of the Senate Cindi Markwell in an interview with Westword in March 2023.
Capitol officials were demanded by FIRE to stop enforcing fashion policies in a July 16 letter.
The ban on political statements was deemed too broad by FIRE, as it failed to specify what constitutes a "political" statement. Hunt questioned whether a rainbow shirt or a shirt bearing the phrase "Stand with the troops" would also be prohibited.
According to FIRE's letter, the ban seemed to be selectively enforced. Two weeks prior to Hunt's expulsion from the Senate, at least 1,000 students advocating for stricter gun control laws gathered at the state capitol. They donned red shirts emblazoned "Angels against gun violence" and stood in the House and Senate galleries, observing lawmakers at work.
The Constitution finds it repugnant to enforce a rule differently based on a speaker's message, as FIRE attorneys wrote.
Markwell argued that the students' protest for gun control occurred on a day when no gun legislation was being considered.
In 2023, she stated to Westword that the Senate has the authority to restrict expression of support or opposition on matters being debated in order to safeguard its process and the senators involved.
According to FIRE, the distinction between the galleries and the rest of the museum wasn't indicated in any written rules or signage outside the galleries.
""Markwell's explanation, 'You only have free speech on days we allow you to have free speech,' doesn't make any sense," Hunt said."
The rule prohibiting "pins and apparel expressing political statements" in the galleries of the Colorado House and Senate has been rescinded, as confirmed by Markwell to Planet Chronicle Digital. However, she did not provide any further details on the reason for the change. A photo published on Wednesday in Westword showed the ban crossed out on a sign outside the gallery.
"At the Colorado State Capitol, you have the right to wear the clothing you want without checking the calendar, as your free speech is protected at all times."
Despite being a "Bible-believing Evangelical," Hunt clarified that his victory applies to individuals with differing political views.
"I've defended the rights of people who support abortion to wear their shirts reflecting their political values at the state Capitol, and I strongly believe in Second Amendment rights. If you believe that we need to restrict those rights to prevent gun violence, you can now wear your shirt down to the Colorado State Capitol. This is a win for all Coloradans."
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