West Virginia let officials sue anyone who published their address, no warning needed. The 4th Circuit just struck it down
On Tuesday a unanimous 4th Circuit panel (Judges Niemeyer, Agee, and Harris) affirmed that the key provision of West Virginia's "Daniel's Law" is facially unconstitutional under the First Amendment.
The law let judges and police sue anyone who published their home address or unlisted phone number if a "reasonable person" would think it risked harm. Unlike Congress and almost every other state, West Virginia never required a takedown request first. You could be on the hook for damages the moment the information appeared.
The court called it a content-based speech restriction, applied strict scrutiny, and held it wasn't the least restrictive way to protect officials. FIRE, the Reporters Committee, and news organizations backed the defense as amici.
Why it matters: protecting officials is a real interest, but the government still has to do it without making publishing truthful information a trap. Notice first, then liability. That's the line the court drew.
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