West Virginia cop fights free speech ruling in ‘Daniel’s Law’ case

The Fourth Circuit heard arguments over West Virginia's Daniel's Law, which bars publishing home addresses or phone numbers of criminal justice officials and their families. Retired officer Michael Jackson sued Whitepages and similar sites, but a lower court already tossed the case, finding the law a content-based speech restriction that failed strict scrutiny because it lacked the notice requirements other states use.

Circuit judges Pamela Harris, Paul Niemeyer and Steven Agee pressed both sides, with Harris calling the law's reach far broader than its stated purpose and Niemeyer noting it seems to outlaw the basic function of people-search businesses. Whitepages' attorney called it the most restrictive scheme of its kind in the country, unique among nine similar state laws for lacking any notice or awareness requirement.

The law is named for the son of a federal judge who was murdered at their home, a tragedy the statute was meant to prevent from recurring; whether its current drafting achieves that without sweeping in unrelated speech is now for the appellate panel to decide.

The full dispatch is available from the source below.