Dec 11, 2012 3:27 PM by Alyse Rzemek

Gay couple in attack mailer urges suit to advance

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.




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