The Price of Censorship: Colorado State Patrol Settles First Amendment Lawsuit
In a landmark move for digital rights, the Colorado State Patrol (CSP) has agreed to a $50,000 settlement following a civil complaint centered on free speech and government censorship. The case highlights a growing legal consensus: when government agencies use social media to communicate with the public, they cannot simply silence critics they find offensive.
The Case of Jerod Zaczkowski
The dispute began when Jerod Zaczkowski, a 45-year-old resident of Aurora, Colorado, posted several critical comments on the CSP’s official Facebook page. Among his remarks, he referred to troopers as “Oath breaking tyrant Nazi cucks.” In response, a Public Information Officer for the CSP deleted the comments and ultimately banned Zaczkowski from the page in January 2025.
Zaczkowski’s attorney, Andy McNulty, argued that these actions were a direct violation of the First Amendment. The core of the legal argument rested on a crucial distinction in the digital age:
- Personal Profiles: Private accounts where individuals have control over their interactions.
- Public Pages: Official pages run by government agencies that function as a “digital town hall,” making them open forums for public debate and government accountability.
A Growing Trend of Accountability in Colorado
This settlement is not an isolated incident. The legal precedent is expanding across the state, with other municipalities paying similar prices for silencing online critics:
- Town of Kersey: Recently paid $45,000 to Jered Morgan after he was blocked for criticizing a photo radar program and uncovering alleged misconduct by the police chief’s spouse.
- City of Woodland Park: Settled for $65,000 in 2022 after Delbert Sgaggio was banned for criticizing a police raid.
What Changes Now?
Beyond the monetary payment, the settlement forces the Colorado State Patrol to implement systemic changes. The agency must now:
- Align its social media guidelines with the Colorado Department of Public Safety policies.
- Provide mandatory annual training for all Public Affairs Section members to prevent future censorship.
While the CSP did not admit liability, Trooper Gabriel Moltrer acknowledged that “mistakes were made” in the management of the page, promising that steps have been taken to ensure these errors are not repeated.
Why This Matters for Democracy
As government interactions migrate to platforms like Facebook and X (formerly Twitter), the boundary between “moderation” and “censorship” becomes thin. According to legal experts and organizations like the ACLU, protecting the right to criticize state power—even in an abrasive manner—is fundamental to a democratic society.
This series of wins for Colorado citizens serves as a reminder that constitutional rights do not disappear when you log into a social network. Government agencies must remain transparent and open to scrutiny, regardless of how uncomfortable the criticism may be.
