By Jen Schumann | Rocky Mountain Voice
El Paso County judge rejects motion to dismiss defamation suit against Bernadette Guthrie, ruling that calling a school board member a “child predator” is not protected by the First Amendment.
For more than a year, Derrick Wilburn – father, community leader and now an elected school board member – was publicly branded a “child predator” by a vocal district parent. The accusations, repeated at school board meetings, online and even in state legislative testimony, painted him as a man who preyed on children.
Wilburn filed a defamation lawsuit in December 2024, seeking accountability. And on April 29, a Colorado judge drew a legal line.
El Paso County District Court Judge Gregory Werner denied defendant Bernadette Guthrie’s motion to dismiss Wilburn’s defamation lawsuit. Judge Werner ruled that Guthrie’s accusations went far beyond protected speech under the First Amendment.
“Judge Werner followed clear precedent in Colorado that falsely attacking a person’s name, character and reputation with vile, unsubstantiated accusations of criminal behavior is not protected speech. The judge’s decision is a welcome vindication for my client,” said Wilburn’s attorney, Dave Illingworth of Illingworth Law Firm. “Mr. Wilburn’s family had to hear their husband and father called a ‘child sex predator’ continuously for over a year. This ruling takes them one step closer to justice.”
The controversy began in October 2023, during a student-led board candidate forum at Chinook Trail Middle School. When asked about book bans and educational diversity, Wilburn read aloud explicit excerpts from three books, including the novel Push by Sapphire.
He prefaced his reading with a disclaimer: “I do not curse. I’m going to speak some words now that have not come from my lips in 30 years, and I apologize in advance… Please forgive me in advance.”
His point, Wilburn said, was to illustrate the type of content he believed should not be available in school libraries.
Guthrie, whose 11-year-old daughter attended the event, took offense. And over the next several months, Guthrie launched a sustained public campaign attacking Wilburn’s character.
According to the court order, Guthrie made numerous statements at board meetings and online accusing Wilburn of being a “sexual predator,” a person who “preys on children for his own personal gain,” and someone who committed “crimes against children.”
She claimed he should be required to register as a sex offender and also asserted that her daughter was among his victims.
The judge rejected Guthrie’s argument that her speech was shielded by the First Amendment. “Guthrie’s attempt to claim these statements are simply statements of her opinion has no merit,” Werner ruled. “Otherwise, someone would always be able to avoid liability simply by saying, ‘well, this is what I believe.’”
In his order, Werner added, “All of these statements are statements of fact and can be proven to be true or false. To the extent these statements convey the impression that Wilburn engaged in criminal activity, such statements are defamatory per se.”
Illingworth hopes the court’s ruling sends a clear message to political activists who cross the line. “There is indeed a line. The law does not allow people to make false accusations of criminal conduct or serious sexual misconduct but then attempt to hide behind a shield of ‘It’s only my opinion.’
He added, “Hopefully others who have suffered these types of ugly attacks simply for trying to stand up and protect children – will be encouraged and emboldened to not be pressured, bullied or otherwise allow themselves to be silenced by activists who level false allegations because they believe they can hide from justice by claiming ‘it’s only my opinion.’ When the charges being leveled are full of false and defamatory statements, it won’t work.”
The order also emphasized that Guthrie continued to repeat the accusations even after being told by a Colorado Springs Police Department officer that Wilburn’s actions did not constitute promoting obscenity to a minor. The court cited this as evidence of actual malice – a critical threshold in defamation cases involving public figures.
Illingworth described Guthrie’s conduct as “one of the worst defamation cases” he had seen. The lawsuit seeks a public retraction and unspecified damages for reputational harm, emotional distress and other consequences.
Wilburn’s reputation, built through years of civic leadership and political involvement, became a target in itself.
“There’s a reason he was endorsed by multiple U.S. Congress members, the former Colorado Springs mayor, a former sheriff and numerous Air Force officers,” Illingworth said. “Naturally, this relentless attack has done damage to his reputation, put undue strain on relationships, and taken a very heavy personal toll on him and his family. His fellow board members have also felt similar strain.”
Guthrie’s accusations stirred controversy across the district. Some parents called for criminal charges, gathering more than 200 signatures in a petition to the 4th Judicial District Attorney. Prosecutors declined, citing a lack of evidence and warning against politicizing the justice system. At the same time, a GoFundMe launched in Guthrie’s name paints her as a mother standing up and speaking truth to power.
The lawsuit, Illingworth says, isn’t about silencing parents – but about drawing the line between speech and slander. “Mr. Wilburn’s entire campaign was premised on the firm belief that parents can and should speak out,” he said. “But malicious and false attacks have no place in a free and civilized society that depends on truth, trust, and peace to thrive.”
When asked whether the campaign against Wilburn was politically motivated, Illingworth responded: “Mr. Wilburn’s speech in opposition to critical race theory in schools was one of the most watched videos in the world – and he, like Senator Tim Scott, Dr. Ben Carson, Condoleezza Rice and other black conservatives, come under constant attack from the most intolerant in our society who insist black Americans must adhere to their political script… or risk the same ‘high tech lynching’ Justice Clarence Thomas infamously endured.”
Judge Werner’s ruling sends a different message. “A speaker is not accorded free speech protection for attacks on an individual’s reputation interests by framing the attack as ‘opinion,’” he wrote. “Statements which falsely accuse a person of engaging in serious sexual misconduct are defamatory per se.”
As the lawsuit proceeds, Wilburn remains focused on his role as a board member.
But behind the scenes, Wilburn’s legal team says they first tried a far simpler resolution: “We began this by simply asking Bernadette Guthrie to remove the false and malicious statements and make a public apology, which was only fair since her outrageous accusations have been repeated ad nauseum in the public square – most notably at D20 school board meetings, as well as online and at meetings of the city council and the Colorado state legislature.”
Illingworth added, “She refused and here we are. We’ll place our trust in the judgment of the citizens of El Paso County for whatever damages they find are appropriate to restore Mr. Wilburn’s reputation and his good name.”
The legal battle, he said, is about setting the record straight – and refusing to let lies win.
For those seeking more information or looking to support Wilburn’s legal efforts, a GiveSendGo campaign has been set up by friends at: www.givesendgo.com/derrickwilburn.