Keim v. Douglas County School District

JUSTICE MÁRQUEZ

delivered the Opinion of the Court.

¶ 1 In 2013, Douglas County School District (the “District”) used public funds to commission a white paper (the “Hess Report”) supportive of the District’s reform agenda. The Hess Report referenced an upcoming school board election and briefly profiled existing school board members, all of whom supported the reform agenda. The District included a link to the Hess Report in an email distributed to 85,000 Douglas County residents several weeks before the November 2013 school board election.

¶ 2 We are asked to decide whether the Hess Report was a…