Federal appeals court strikes down West Virginia's Daniel's Law

Overview

Updated 1 hour ago

A federal appeals court ruled Oct. 27 that West Virginia's Daniel's Law, which bars publication of judges' and police officers' home addresses and phone numbers, violates the First and Fourteenth Amendments. The Fourth Circuit affirmed a lower court ruling that the law was a content-based speech restriction that failed strict scrutiny.

West Virginia passed the law in 2021 after a disgruntled lawyer found a federal judge's address online and killed her 20-year-old son. The statute had no knowledge requirement, so disclosing an official's address, even by accident, risked $1,000 per violation in damages, and the court found that sweep made the law unconstitutional.

The ruling is the first appellate decision on the post-2020 wave of state Daniel's Laws. A parallel challenge to New Jersey's version sits before the Third Circuit, and the West Virginia outcome could shape how other courts treat the rest.

Why it matters

The ruling sets the constitutional floor for state laws limiting what data brokers and journalists publish about public officials, and New Jersey's similar law is next.

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Key Indicators

$1,000

per-violation liquidated damages

Daniel's Law imposes $1,000 in damages per violation, with no requirement that the publisher knew the person was a protected official.

years law was in effect

Enacted in 2021, struck down by the Fourth Circuit on Oct. 27, 2026.

Thousands

officials in plaintiff class

Michael Jackson sued on behalf of himself and thousands of current and former judicial and law enforcement officers.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

People Involved

Michaela Jackson

Former West Virginia law enforcement officer and lead plaintiff

His class actions were dismissed at trial court and affirmed on appeal

Esther Salas

U.S. District Judge for the District of New Jersey

Her son Daniel's 2020 murder inspired state Daniel's Laws

Michael F. Urbanski

Senior U.S. District Judge, Western District of Virginia

Wrote the August 2025 opinion declaring the law unconstitutional

Organizations Involved

West Virginia Legislature

State legislature

Enacted Daniel's Law in 2021

Passed Daniel's Law in 2021 to protect judicial and law enforcement officials from harassment and violence.

Thomson Reuters

Data broker and information services company

Defendant in the Daniel's Law lawsuit

One of the data brokers sued by Jackson over published addresses of officials.

LexisNexis Risk Solutions Inc.

Data broker and information services company

Defendant in the Daniel's Law lawsuit

Another data broker sued by Jackson over published addresses of officials.

Reporters Committee for Freedom of the Press

Nonprofit press freedom organization

Filed friend-of-the-court brief supporting the lower ruling

Filed an amicus brief with 16 news organizations urging the Fourth Circuit to uphold the ruling.

Timeline

July 2020 October 2026

6 events Latest: Today

Tap a bar to jump to that date

October 2026
Fourth Circuit affirms First Amendment ruling
Today Legal

The appeals court rules West Virginia's Daniel's Law violates the First and Fourteenth Amendments.
Today
March 2026
Press groups file amicus brief
Legal

RCFP and 16 news organizations urge the Fourth Circuit to uphold the lower ruling to protect journalists from liability.
March 10th, 2026
August 2025
District court strikes down law
Legal

The district court grants the data brokers' motion to dismiss, ruling Daniel's Law facially unconstitutional under the First Amendment.
August 19th, 2025
2024
Jackson sues data brokers
Legal

Retired officer Michael Jackson files class actions against Thomson Reuters, LexisNexis and Whitepages over published addresses; cases move to federal court.
2024
2021
West Virginia enacts Daniel's Law
Legislation

The state bars publication of judicial and law enforcement officials' home addresses and phone numbers, with $1,000 in per-violation damages.
2021
July 2020
Gunman kills Daniel Anderl
Tragedy

A lawyer targeting Judge Esther Salas found her address online and opened fire, killing her 20-year-old son at their New Jersey home.
July 19th, 2020

Scenarios

Supreme Court takes the Daniel's Law fight

Possible Resolves by Jun 1, 2027

Discussed by: Legal commentators and First Amendment scholars, including the Volokh Conspiracy and First Amendment Watch

The plaintiff or West Virginia seeks certiorari within the appeal window, arguing the Fourth Circuit misapplied strict scrutiny to a law protecting public officials from targeted violence. A grant would make the Supreme Court the first authority to weigh the constitutionality of the post-2020 state Daniel's Laws.

West Virginia rewrites Daniel's Law to survive review

Possible Resolves by Q2 2027

Discussed by: State legislative observers and the firm Troutman Pepper

The legislature amends Daniel's Law to add a knowledge requirement and a news-media exemption, matching laws in other states and fixing the strict-scrutiny defect. A revised statute would protect officials without the blanket speech ban the court rejected.

Fourth Circuit ruling stands; New Jersey's case becomes the national test

Likely Resolves by End of 2027

Discussed by: New Jersey Law Journal and attorneys in the pending Third Circuit challenge

People-search operators adjust their practices in West Virginia, and the ruling becomes persuasive authority in the Third Circuit, where New Jersey's similar Daniel's Law is already being challenged. The New Jersey case will be the next decisive ruling on the state laws.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

July 2020

Daniel Anderl murder (2020)

On July 19, 2020, a lawyer who had once argued before U.S. District Judge Esther Salas found her home address online. He arrived at her New Jersey house that afternoon and opened fire, killing her 20-year-old son Daniel and wounding her husband.

Then

New Jersey passed its Daniel's Law within months; West Virginia followed in 2021.

Now

Judge Salas became a vocal advocate for shielding judges' personal information; multiple states now have laws bearing her son's name.

Why this matters now

West Virginia's law and the legal challenge to it grew directly out of this attack.

June 1989

Florida Star v. B.J.F. (1989)

The Supreme Court struck down a Florida law punishing a newspaper for publishing a rape victim's name, which the paper had lawfully obtained from a police report. The Court held states may punish publication of lawfully obtained truthful information only with a law narrowly tailored to a state interest of the highest order.

Then

Florida's law was invalidated and the newspaper was shielded from liability.

Now

The 'highest order' and narrow tailoring framework became the standard test for similar state speech restrictions.

Why this matters now

The Fourth Circuit applied this framework, finding West Virginia's law swept too broadly.

2010

Brayshaw v. City of Tallahassee (2010)

A federal district court in Florida struck down a city law prohibiting publication of police officers' home addresses and identifying information. The court ruled the interest in officer safety was compelling but did not justify a blanket publication ban.

Then

The Tallahassee ordinance was invalidated.

Now

The case became a standing precedent that protecting officials does not of itself justify broad speech restrictions.

Why this matters now

The West Virginia district court cited Brayshaw directly in ruling that Daniel's Law was not narrowly tailored.