False claims, real consequences: Judge rejects activist’s First Amendment defense
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...