Dec 11, 2012 3:27 PM by Alyse Rzemek
DENVER (AP) - Attorneys for a New Jersey gay couple whose engagement photo was used in Colorado political attack mailers are urging a federal court to let a lawsuit proceed despite claims that use of the picture is protected free speech.
The Southern Poverty Law Center says in a court filing in Denver federal court Monday that 32-year-old Brian Edwards and 37-year-old Tom Privitere are "innocent bystanders" whose copyrighted picture was stolen and misused.
Virginia-based Public Advocate of the United States used photos of the couple holding hands and kissing to target candidates in Colorado Republican primaries this year. One candidate was a state senator who supports civil unions.
The lawsuit was filed in September. In response, Public Advocate argued last month that what they did is protected by the First Amendment.