Peck v. McCann, et al., No. 21-1125 (10th Cir. 2022)
Annotate this CasePlaintiff-Appellee and attorney Jessica Peck represented parents and other family members in child abuse cases in Colorado juvenile courts. She brought suit against Defendant-Appellants, Colorado Executive Director of Health Services Michelle Barnes and Second Judicial District Attorney Beth McCann, to challenge the constitutionality of § 19-1-307 of the Colorado Children’s Code Records and Information Act (“Children’s Code”). Peck alleged Section 307 violated her First Amendment rights by restricting her disclosures and thereby chilling her speech on these matters. The district court agreed and struck down both of Section 307’s penalty provisions. The Tenth Circuit thought Section 307(1) and Section 307(4) had different scopes due to their distinct language and legislative histories. As a result, the Court found Peck could challenge Section 307(4)’s penalty as unconstitutional, but has not properly challenged Section 307(1). The Court thus reversed the district court’s order insofar as it invalidated Section 307(1).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.