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

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.

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