Inside the Wounds of Words: Defamation's Pain and the CO Court of Appeal's Crushing Decision To Overturn 2 Judges

The sharp sting of brutal injustice cuts deep, searing the soul. Your time spent reading this is my measure of justice, and for that, I am profoundly grateful.

“In reviewing the record, the Court identifies instances of Defendants’ conduct that a trier of fact could find as clear and convincing evidence of their anger and hostility toward Plaintiffs to sufficiently show actual malice.” Judge Loewer

On the afternoon of October 7, 2022, my phone lit up with text messages: “You need an attorney ASAP.”  “Be prepared, there’s an article that just came out.”  Everything went silent except the ringing in my ears as I read the article, the world spinning around me. I remember the exact square-footage of my kitchen I was standing in. With my 4 children playing nearby, I bolted to the garage to protect them from my confusion, tears, and despair. My heart shattered into a million pieces. My character had just been assassinated, Jeffco Kids First (JKF) placed at severe risk, and my hope of returning to my teaching career stolen. My husband eventually found me there, doubled over.  I had just been accused of exploiting vulnerable children on the front page of 23 publications across my home state of 38 years. JKF had flourished through integrity, service, respect, relationships, and accuracy. In one malicious publication—all that Jeffco Kids First had accomplished-everything I had worked for my entire life as a teacher and protector of children— crumbled before my eyes.I painfully learned in that moment that the power of the media is a double-edged sword, as capable of bad as it is good.

Determined to defend the truth and the reputation of those who stand with Jeffco Kids First, I took a year to contemplate and make the difficult decision to take legal action against Colorado Community Media and Arvada Press reporter Rylee Dunn. 

In 2019, Governor Polis signed the anti-SLAPP rule into law, protecting defendants from meritless lawsuits on matters of public concern while aiming to safeguard The First Amendment. Anti-SLAPP laws allow a defendant to file a motion to strike or dismiss the lawsuit early in the legal process. Though this serves a noble purpose for ethical media, it unfortunately shields malicious reporters who flout journalistic ethics, leaving libel victims without legal recourse. Colorado Community Media’s legal representative filed a motion to dismiss our lawsuit based on this anti-SLAPP rule. JKF defended the merits of our case and substantiated that the claims were not frivolous and that in fact actual malice had been involved in the piece.

On July 3, 2024, I received the county court’s decision.  The court’s order validated the injustice and the merit of the suit. Relief overtook me. This time, there was no ringing in my ears and fireworks lit the sky the very next evening.

After finding clear and convincing evidence of actual malice and a reasonable likelihood we would prevail in court, two respected Jefferson County judges allowed the case to proceed to trial.  One judge dedicated an estimated 80 hours to crafting a meticulously detailed response, adorned with footnotes so exceptionally thorough that multiple attorneys have hailed them as remarkably rare and worthy of being submitted for a law-review article. 

After years of relentless legal effort and overwhelming financial strain, the Colorado Court of Appeals disregarded the merits that had already been recognized and the legal standards we had met. With a single ruling, the district court’s decision was overturned—and I was ordered to pay the media’s legal fees. 

Rylee Dunn and Colorado Community Media won an award for the article from the Society of Professional Journalists—which touts their dedication to “stimulating high standards of ethical behavior.”  Yet behind the glossy front page and the full four-page spread, circulated across 23 community publications and the Colorado Sun, lies reporting that is anything but ethical: devious, dishonest, and misleading. 

1).  Rylee Dunn revealed her deep bias and opposition towards JKF and me 5 days before publication, calling us “bad actors” and stating, “I am of the opinion that not every awful Facebook group needs a segment on the news.”  She criticized Jeffco Schools for posting about our efforts to feed lunch to bus terminal workers. After publication, Dunn openly asked her followers whether they had noticed a drop in our membership—a question that unmistakably exposed her true intent: not to report, but to damage.

2). Dunn gained access to our private online discussion group through deceptive means—leveraging a connection with the owner of a local small business who had gained access to our online forum. The irony is striking: this same individual had once come to me for help teaching her children to read.

3). Rylee Dunn never reached out for comment during the reporting process.  The Chief Editor emailed me these exact words, “I understand our reporter attempted to reach you about the story during the reporting process.”  No, Chief Editor DeYoanna, she did not.  She did, however, reach out to two Jefferson County Board of Education members who provided comment, falsely painting our organization as anti-LGBTQ.

 4).  Continuing this same pattern during the same reporting period, Dunn asked Jeffco Public Schools for comment on content from our Facebook page.  Even though I authored that content as well, she never reached out to me for comment, context, or clarity.  Soon after, Jeffco Schools abruptly canceled their ongoing meetings with us, citing concerns with media.

5). Minutes after publication, I emailed the Chief Editor and asked for a retraction.  They denied the request but added an editor’s note correcting a key erroneous statement. Then, without warning, that note was quietly altered, escalating the defamation and “doubling down” (words used by one of the 2 county judges) on their false statement. “Further, instead of publishing Plaintiff Datko’s requested correction, Defendants doubled down in their Editor’s note, claiming screenshots validate their claim that Plaintiff Datko called for children

to secretly record their classmates.” Judge Loewer

6). At a small event where I addressed transparency and financial concerns in Jefferson County Schools, I was secretly recorded. The irony of being covertly recorded while simultaneously being falsely accused of encouraging students to secretly record their vulnerable peers is striking. The defamatory article used a partial quotation from this recording. No one sought comment from me at this event despite the small venue offering ample opportunity to do so. The article was published 3 days later. Although Dunn initially claimed (during a meeting with her Chief Editor present) that she attended this event, photographic evidence shows that a representative from the Colorado Times Recorder, an activist media organization, signed in and was present, while Rylee Dunn was not. Dunn’s attorney did not dispute this fact.

7). In her article ‘Inside Jeffco Kids First,’ Dunn deliberately  placed a screenshot of an unrelated violent TikTok hashtag from an account with no connection to Jeffco Kids First. This misleading placement falsely associated our organization with hostility and violence, fueling a damaging narrative.This tactic was so deceptive that it even confused a Court of Appeals judge, necessitating a swift clarification by our attorney for the record. 

8).  A beloved 12-year regular Arvada Press columnist and former Jefferson County Schools band teacher wrote a clear and honest article to defend JKF against the damage inflicted. After submitting it, he lost his column.  Forever hero.

9). Although Dunn claimed she tried to contact me for comment before publication, she admitted during a meeting with the Chief Editor that it wasn’t in her “interest” to inform us that the article was coming out. This deliberate decision to keep us in the dark—and defenseless—reveals the calculated strategy behind crafting a hit piece built on a false narrative.

10). A junior editor apologized to us, explaining she was battling COVID and a heavy workload during the editing process.

11).  A third editor— (named in the lawsuit) who previously published a parroted and further-distorted version of my statements—now works for the same media company that promptly (and ironically) asked for comment on the recent Court of Appeals ruling. This media company scrutinized and omitted crucial elements of my statement, which I chose to provide directly, rather than through my attorney.

12). When Dunn’s attorney stood before the judges and weaponized anti-LGBTQ rhetoric—falsely branding Jeffco Kids First—the atmosphere in the packed courtroom changed palpably. Our supporters felt it too: a heavy wave of despair washing over the room. In that moment, we feared the battle was lost.

13). The article’s impact was swift and devastating: our top donors, shaken by concerns about our stability, withheld $16,000 from our volunteer organization. Jeffco Kids First engages in charitable efforts such as providing scholarships, relief for families in need, support for firefighters during major fires, GED financial assistance to local teen mothers, and support for Jeffco Schools’ employee groups.

14).  Jeffco Schools selected this article to send to their 15,000 employees, who share my profession—amplifying its damaging narrative. Elected officials (including a County Commissioner and Board of Education member) further reinforced and legitimized the article by sharing it on social media with their constituents.

I received the Court of Appeals’ decision on July 3, 2025 exactly one year after the district court decision. The silence hit first, followed by the piercing ringing in my ears.  The world spun. Relief gave way to grief. I withdrew from my loved ones, once again doubled over in disbelief.  But this time, the path forward vanished beneath me.  Fireworks lit the sky the next evening.  I watched them through the haze of heartbreak, clinging to one unshakeable truth: the promise of life, liberty, and the pursuit of happiness is indestructible.

Our case highlights the urgent need for greater clarity in Colorado’s anti-SLAPP laws. As it stands, the law is being misapplied—wrongly shielding unethical media outlets and reporters who exploit it to avoid accountability for defamatory reporting. This undermines the very purpose of a free press by protecting falsehoods instead of facts. Victims of media defamation must stand a chance at pursuing legitimate claims, seeking justice, and being made whole through the judicial process—not silenced by procedural technicalities. We remain hopeful that our case will help drive the reforms necessary to ensure the law protects free speech without becoming a weapon against truth.