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Fourth Circuit Rejects West Virginia’s Judicial Address-Privacy Restriction

Protecting judges and law-enforcement officers is a compelling public interest. That does not resolve whether a particular restriction on publishing their information satisfies the First Amendment.

Protecting judges and law-enforcement officers is a compelling public interest. That does not resolve whether a particular restriction on publishing their information satisfies the First Amendment.

In Jackson v. Thomson Reuters America Corp., the U.S. Fourth Circuit upheld dismissal of claims under a provision of West Virginia’s Daniel’s Law. The October 27 decision found the challenged restriction facially unconstitutional.

Why the law failed

The provision restricted disclosure of covered individuals’ home addresses and unpublished telephone numbers.

The court treated it as a content-based speech restriction requiring strict scrutiny. Although it accepted the law’s safety objective, it concluded that the provision was not narrowly tailored.

A significant problem was liability for publishers that might not know an address belonged to a protected person. The law did not require the individual to notify the publisher and request removal before suing.

What the decision does not establish

The ruling concerns the challenged West Virginia provision. It does not hold that every law protecting judicial addresses is unconstitutional.

That distinction matters because different statutes may use different definitions, notice requirements, remedies and exceptions.

For legislators, the decision focuses attention on how a safety measure operates: who receives notice, what the notice must identify and what opportunity exists to respond before liability follows.

The Canadian comparison

Canadian courts apply a different constitutional framework. The U.S. ruling nevertheless offers a useful example of the tension between personal safety, access to information and publication rights.

It also illustrates a practical drafting principle: a strong legislative objective must be supported by carefully designed legal machinery.

The question is not simply whether an address deserves protection. It is how a publisher can identify the protected information and comply with the law.

Sources: Fourth Circuit opinion · Opinion text on Justia · Reuters report