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Colorado鈥檚 repealed newspaper theft law in spotlight after CSU student paper stolen

Roughly 1,500 issues of Colorado State鈥檚 student newspaper, The Collegian, went missing from stands located in the Lory Student Center.

On Tuesday, Colorado State University鈥檚 student newspaper, , 鈥渕ultiple eyewitnesses鈥 saw members of a campaign team for student government presidential candidate Ben Amundson and his running mate Alexandra Farias removing and destroying copies of the paper early that morning. The cover story of the candidates had misreported their campaign finances.

According to :  

Candidates vying for the president and vice president of ASCSU said they saw members of the Amundson-Farias campaign team take copies of Tuesday鈥檚 edition of The Collegian, rip them up and throw them in recycling bins in and around the LSC.

The Amundson-Farias campaign on the team鈥檚 campaign funds, and The Collegian regarding the alleged newspaper theft:

鈥淲e are aware that members of multiple campaigns redistributed newspapers across campus,鈥 the campaign wrote. 鈥淏eyond that, we are focused on parking over politics and will remain dedicated to expressing our vision for the future of CSU.鈥

The university, which is located about an hour north of Denver in Fort Collins, confirmed to FIRElate yesterday that CSU Police were investigating the incident, but could not provide additional updates.

Spokesperson Dell Rae Ciaravola said that if students were involved in the alleged theft, they could also face disciplinary action from CSU.

鈥淚n situations such as this, if a student is found to be responsible, the case would be reviewed by our Student Resolution Center and the student or students could face university disciplinary action,鈥 Ciaravola said.

Regardless of the identity of the apparent thieves, the allegations, if true, would make a strong case for Colorado鈥檚 journalist-friendly newspaper theft law, which makes it a crime to steal free newspapers. There鈥檚 only one problem: Colorado .

Colorado repealed useful newspaper theft law

From 2004 until it was repealed in 2013, Colorado鈥檚 newspaper theft law made it a misdemeanor to take more than five copies of a free publication with the intent to keep others from reading it. It also created escalating financial penalties for thieves, depending on the number of papers stolen. But in 2012, a Colorado commission recommended the state legislature repeal the law, claiming that the law was under-utilized and unnecessarily gummed up the criminal code. Basically, the commission argued it was an extraneous law no one used or needed.

But that鈥檚 not true. FIREwas among the advocacy groups, including the , that explained just how useful and necessary the law was back in 2012.

Former SPLC director Frank LoMonte that newspaper theft remained a substantial threat to the student press specifically.

鈥淚t鈥檚 well documented that groups on campus will use theft as a tactic of censorship,鈥 he said.

And SPLC statistics support that claim.

In the 10-year period between Colorado鈥檚 enactment of its newspaper theft law in 2004 and its repeal in 2013, the SPLC tallied more than 150 newspaper-theft incidents nationwide, or an average of more than 15 incidents annually.

There was also a spike in the number of nationwide thefts in 2012, the year Colorado recommended the repeal.

State blamed student papers鈥 lack of 鈥渧alue鈥

Colorado鈥檚 then-public defender Doug Wilson, a member of the commission that recommended the repeal, in an interview with the SPLC, saying that the law had 鈥渙nly鈥 in Colorado.

(Five uses in Colorado alone would account for a not-insignificant portion of nationwide cases.)

Usefulness aside, Wilson suggested the commission placed some blame on student journalists themselves for providing free papers on campus.

鈥淲hen charging and prosecuting criminals for theft, [Colorado鈥檚] primary concern is what the value attached to the stolen item was,鈥 Wilson said, discussing the repeal in 2012.

鈥淭his isn鈥檛 a First Amendment issue,鈥 he continued. 鈥淲e didn鈥檛 do it because we鈥檙e trying to censor people. We did it because some in the newspaper industry have decided not to put a value on their product.鈥

鈥淎 larger issue of censorship and freedom of speech.鈥

After Tuesday鈥檚 incident at CSU, The Collegian that the state鈥檚 newspaper theft law may have still been in place. Collegian Editor-in-Chief Haley Candelario tells FIREthe paper was disappointed to learn yesterday it had been repealed. She also responded to the reasons behind the repeal.

鈥淎s far as the assertion that student newspapers have 鈥榥o value鈥 because they're free, I disagree with that knowing how The Collegian is funded,鈥 Candelario said. 鈥淥ur print copies are paid for by student fees, and it鈥檚 only the first copy of the paper that is free. Every copy after that costs $0.25.鈥

鈥淚 think this also points to a larger issue of freedom of speech and freedom of the press and censorship on college campuses,鈥 she said. 鈥淭his type of thing happening is not uncommon across the nation, and I think it points to a larger issue of censorship and freedom of speech.鈥

After Tuesday鈥檚 theft, Candelario says she and Collegian staff met to discuss how to make sure students had the information they needed on Wednesday, which was the last day of campaigning for student government positions. They decided to re-run Tuesday鈥檚 cover story on Wednesday, 鈥渨ith the article about the stolen newspapers right next to it,鈥 Candelario said. They also focused distribution near the campus areas where the campaigns were tabling.

As for making sure the papers actually got to the students who needed it, The Collegian鈥檚 editorial staff decided to 鈥 quite literally 鈥 take matters into their own hands.

鈥淲e were all in our offices at 7:15 a.m.,鈥 Candelario said, 鈥渢o distribute our Wednesday edition ourselves.鈥

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