West Virginia law shielding addresses of judges, officers is unconstitutional, court rules
TRI•The 4th U.S. Circuit Court of Appeals ruled that West Virginia’s law barring publication of judges’ and law enforcement officers’ home addresses and unpublished phone numbers violates the Constitution. The law allowed lawsuits seeking at least $1,000 per violation; the case involved online people-search services operated by several companies.
1. Appeals court ruling
A three-judge panel of the 4th U.S. Circuit Court of Appeals agreed that West Virginia’s Daniel’s Law imposed an unconstitutional restriction on speech. The law barred disclosure of covered officials’ home addresses or unpublished phone numbers without permission and allowed lawsuits seeking at least $1,000 per violation, punitive damages, attorney fees and injunctive relief.
2. Scope of the law
The class-action lawsuits were brought by retired law enforcement officer Michael Jackson against Thomson Reuters, Whitepages, Thryv, PeopleConnect and LexisNexis over information published through online people-search services. Judge Paul Niemeyer wrote that the law’s failure to require officials to notify companies and request removal before suing could leave data brokers liable for information they did not know was protected.
3. State and federal measures
West Virginia enacted the law in 2021 after a lawyer who found Judge Esther Salas’ home address online killed her son and wounded her husband. More than a dozen states have adopted versions of Daniel’s Law, and Congress passed a similar federal law in 2022.
