Appellate Case: 21-1125 Document: 010110722080 Date Filed: 08/09/2022 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS August 9, 2022 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ JESSICA PECK, Plaintiff - Appellee, v. No. 21-1125 BETH MCCANN, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado, Defendant - Appellant, and MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services, Defendant. ------------------------------ OFFICE OF THE CHILD REPRESENTATIVE; DENVER HUMAN SERVICES; LARIMER COUNTY HUMAN SERVICES, Amici Curiae. ––––––––––––––––––––––––––––––––––– JESSICA PECK, Plaintiff - Appellee, No. 21-1127 v. Appellate Case: 21-1125 Document: 010110722080 Date Filed: 08/09/2022 Page: 2 MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services, Defendant - Appellant, and BETH MCCANN, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado, Defendant. ------------------------------ OFFICE OF THE CHILD REPRESENTATIVE; DENVER HUMAN SERVICES; LARIMER COUNTY HUMAN SERVICES, Amici Curiae. _________________________________ Appeal from the United States District Court for the District of Colorado (D.C. No. 1:19-CV-03450-RBJ) _________________________________ Bianca E. Miyata, Assistant Solicitor General, Denver, Colorado, and Kendra K. Smith, Hall & Evans LLC, Denver, Colorado (Philip J. Weiser, Attorney General; Anita M. Schutte, Second Assistant Attorney General; Aaron J. Pratt and Leeah B. Lechuga, Assistant Attorneys General, State of Colorado, Department of Law, Denver, Colorado; and Andrew D. Ringel, Hall & Evans LLC, Denver, Colorado, with them on the briefs), for Defendants-Appellants. Thomas B. Kelley (David A. Lane, with him on the briefs), Killmer, Lane & Newman, LLP, Denver, Colorado, for Plaintiff-Appellee. Anna Ulrich, Crestone, Colorado filed an Amicus Curiae brief for the Office of the Child Representative, on behalf of Appellants. 2 Appellate Case: 21-1125 Document: 010110722080 Date Filed: 08/09/2022 Page: 3 Amy J. Packer and Robert A. Wolf, Assistant City Attorneys, Denver, Colorado, filed an Amicus Curiae brief for Denver Human Services, in support of Appellants. David P. Ayraud, Fort Collins, Colorado, filed an Amicus Curiae brief for Larimer County, on behalf of Appellants. _________________________________ Before MATHESON, EBEL, and PHILLIPS, Circuit Judges. _________________________________ Plaintiff-Appellee Jessica Peck is an attorney who represents parents and other family members in child abuse cases in Colorado juvenile courts. She brought this 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 (“Section 307”) of the Colorado Children’s Code Records and Information Act (“Children’s Code”). Section 307 requires that child abuse records and reports be kept confidential, and has two separate subsections— Section 307(1) and Section 307(4)—that impose penalties upon those who improperly disclose information from child abuse reports. Ms. Peck alleges that Section 307 violates 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. But for the reasons explained herein, we think that Section …
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