In Wilburn v. Guthrie, the Colorado Court of Appeals ruled some defamation claims based on accusations of criminal conduct may proceed despite a defendant’s motion to dismiss under Colorado’s anti-SLAPP statute.
The dispute arose after Derrick Wilburn, a school board candidate, publicly read passages from books during a community discussion about library materials. Bernadette Guthrie later criticized Wilburn and accused him of criminal behavior involving children during public comments and in communications with authorities. After law enforcement found no basis for criminal charges, Wilburn filed suit alleging defamation and outrageous conduct.
Guthrie sought dismissal under Colorado’s anti-SLAPP law, which allows early dismissal of claims arising from protected speech unless the plaintiff demonstrates a reasonable likelihood of success. The appellate court agreed several of Guthrie’s statements, where she disclosed the underlying conduct and then characterized it as criminal, were protected opinion. However, the panel held that other statements could reasonably be understood as asserting undisclosed facts that Wilburn committed crimes.
Because those statements could be proven true or false, the court concluded Wilburn met the anti-SLAPP standard at the pleading stage. The panel affirmed the trial court’s denial of the special motion to dismiss but limited the claims that may proceed on remand.