West Virginia’s Version of Daniel’s Law Held Unconstitutional

On Oct. 27th, the United States Court of Appeals for the 4th Circuit in Jackson v. Thomson Reuters America Corp., which consolidated a number of appeals, held that West Virginia’s version of Daniel’s Law is unconstitutional as violative of the First Amendment of the United States Constitution. 

West Virginia’s law requires businesses to obtain permission from any “Covered Person” (including judicial officers, prosecutors, public defenders, and law-enforcement officers) before disclosing their home address or home or personal phone number “under circumstances in which a reasonable person would believe that providing such information would expose another to harassment or risk of harm to life or property.” The lower court found the statute unconstitutional as a content-based restriction on speech. The Plaintiff appealed. 

The Fourth Circuit reviewed the history behind West Virginia’s version of Daniel’s law, and the various iterations of similar statutes enacted in other states. The Court noted that West Virginia’s law, unlike other similar laws, did not require the Covered Person to provide notice to the business that allegedly made the improper disclosure prior to filing suit. The Fourth Circuit further noted that the West Virginia law did not require the person or entity to know that they disclosed information about a Covered Person. 

After reviewing the statute and relevant law, the Fourth Circuit affirmed the lower court’s ruling finding that (a) the law regulates speech, (b) the law is a content-based restriction, (c) and was not narrowly tailored. 

We are watching to see how this ruling, and the related litigation over New Jersey’s version of Daniel’s Law, impacts other states’ similar statutes. 

Opinion here: Jackson v. Thomson Reuters America Corp.