Public-Official Privacy and Free Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny

Case: Michael Jackson v. Thomson Reuters America Corporation and four consolidated appeals
Court: United States Court of Appeals for the Fourth Circuit
Decided: October 27, 2026
Opinion: Judge Niemeyer, joined by Judges Agee and Harris

1. Introduction

This unanimous, published decision addresses the constitutional boundary between protecting public officials from targeted violence and preserving the freedom to disseminate factual information. The Fourth Circuit held that the challenged disclosure provision of West Virginia’s Daniel’s Law, W. Va. Code § 5A-8-24(e), violated the First and Fourteenth Amendments because it restricted speech according to its content without using the least speech-restrictive means of advancing its protective purpose.

The litigation arose from five proposed class actions brought by Michael Jackson, a retired West Virginia law-enforcement officer. Jackson alleged that Thomson Reuters America Corporation, Whitepages, Inc., Thryv, Inc., PeopleConnect, Inc. and related companies, and LexisNexis Risk Solutions, Inc. published his home address and unpublished telephone number through online “people search” services without his permission. He sought relief for himself and similarly situated officials.

The court accepted that protecting judicial and law-enforcement personnel is a compelling governmental interest. Its objection concerned the statute’s design: liability could arise without publishers knowing that their information concerned protected officials and without first receiving a request to remove it. That structure, the court concluded, threatened substantial self-censorship of otherwise protected factual speech.

2. Legislative Background and Procedural History

The protective purpose of Daniel’s Law

West Virginia enacted its law in 2021 after the murder of Daniel Anderl, the son of United States District Judge Esther Salas. An assailant who had located the judge’s home address online went to her residence, killed Daniel, and seriously wounded her husband. The tragedy prompted federal and state legislation intended to make it harder to locate and harm officials and their families.

West Virginia’s statute covers active, formerly active, and retired judicial officers, prosecutors, specified public defenders, and law-enforcement officers. Its protective framework also addresses individuals residing at covered persons’ homes.

The challenged subsection prohibits disclosing, redisclosing, or otherwise making available a covered person’s home address or unpublished home or personal telephone number without prior written permission:

“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.”

Disclosure includes dissemination over the Internet. Available remedies include actual damages of at least $1,000 per violation, punitive damages, attorney’s fees, and preliminary or equitable relief.

Two omissions proved decisive. The provision does not require knowledge that the disclosed information belongs to a covered person. Nor does it require a covered person to notify the publisher and request removal before liability arises. The statute’s requirement of prior written permission is therefore different from the notice-and-removal opportunity the court identified as a less restrictive alternative.

The allegations and dismissal

Jackson alleged that the defendants aggregated information from public records, social media, and other data brokers, then made it readily searchable for a fee. According to the complaints, their services offered much easier access than searches through individual government sources. Jackson alleged that publishing the information exposed him and thousands of other covered persons to harassment or harm, relying partly on a Federal Trade Commission report discussing risks associated with people-search products.

The defendants jointly moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), asserting facial unconstitutionality and unconstitutional vagueness. The district court dismissed the actions because the disclosure provision was a content-based speech restriction that failed strict scrutiny. It did not reach vagueness.

The Fourth Circuit reviewed the dismissals anew and affirmed. Because the cases were resolved at the pleading stage, the opinion addresses the legal sufficiency of the claims and the statute’s constitutionality, not factual findings following a trial or a certified class’s entitlement to damages.

3. Summary of the Opinion

The court’s decision rests on five principal conclusions:

  1. Factual disclosures are speech. Publishing addresses and telephone numbers does not fall outside the First Amendment merely because the information consists of “pure facts.”
  2. The restriction is content-based. Liability depends on what information is disclosed and whose information it is.
  3. Strict scrutiny applies. The law must advance a compelling governmental interest through the least restrictive means.
  4. The interest is compelling, but the means are excessive. Liability without knowledge of protected status or a prior removal request can deter broad publication of lawful information.
  5. No proposed alternative framework saves the provision. Arguments based on truthful reporting, confidentiality traditions, and commercial speech did not justify applying a less demanding standard.

The holding concerns § 5A-8-24(e), not every provision of West Virginia’s Daniel’s Law or every comparable privacy statute. The judgments dismissing Jackson’s five actions were affirmed.

4. Analysis

A. Precedents Cited and Their Role

Appellate review and facial challenges

Blair v. Appomattox Cnty. Sch. Bd., 147 F.4th 484 (4th Cir. 2025)

This case supplied the standard of appellate review: a Rule 12(b)(6) dismissal is reviewed de novo. The Fourth Circuit therefore independently assessed the constitutional question rather than deferring to the district court’s legal conclusions.

Nat'l Ass'n of Diversity Officers in Higher Educ. v. Trump, 167 F.4th 86 (4th Cir. 2026), and Edgar v. Haines, 2 F.4th 298 (4th Cir. 2021)

These authorities describe the ordinarily demanding standard for facial invalidation: a challenger generally must establish that a law is unconstitutional in all applications or lacks any plainly legitimate sweep. The former decision also recognizes the more protective approach applicable to First Amendment facial challenges, including the significance of a substantial risk that enforcement will suppress speech.

Moody v. NetChoice, LLC, 603 U.S. 707 (2024)

This decision supplied the governing First Amendment formulation: a substantial number of a law’s applications must be unconstitutional when judged against its plainly legitimate sweep. It explains why Jackson could not preserve the statute merely by identifying circumstances in which protecting an official’s information would be legitimate. The relevant inquiry also considers the statute’s broader burden on protected expression.

Constitutional protection for factual information

Texas v. Johnson, 491 U.S. 397 (1989)

Jackson relied on its language concerning conduct conveying a particularized message that observers would understand. He argued that addresses and telephone numbers lack such a message. The court rejected that proposed limit on protection for factual disclosures; the expressive-conduct formulation did not displace decisions directly protecting the dissemination of information.

Sorrell v. IMS Health Inc., 564 U.S. 552 (2011)

This was central to rejecting a categorical distinction between “data” and speech. The Supreme Court explained that facts are the starting point for expression essential to knowledge and human affairs. The Fourth Circuit accordingly treated factual information as constitutionally significant even when it does not express an opinion or argument.

Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010)

The court cited its earlier conclusion that publication of unredacted Social Security numbers was protected speech in the circumstances presented there. The precedent demonstrates that the sensitivity of identifying information does not automatically remove its publication from First Amendment protection. Its contextual qualification remains important: the opinion did not recognize an unlimited right to publish every private identifier.

Bartnicki v. Vopper, 532 U.S. 514 (2001)

This decision supplied the direct proposition that disclosing and publishing information are acts of speech. It reinforced the conclusion that a statute expressly regulating disclosure cannot avoid constitutional review simply by characterizing its subject as data.

Content discrimination and strict scrutiny

Manhattan Cmty. Access Corp. v. Halleck, 587 U.S. 802 (2019)

The court cited this authority for the application of the First Amendment’s speech protections to the states through the Fourteenth Amendment. That incorporation principle explains the constitutional basis for reviewing West Virginia’s legislation.

Moshoures v. City of N. Myrtle Beach, 131 F.4th 158 (4th Cir. 2025)

This Fourth Circuit decision supplied the basic rule that content-based speech restrictions are presumptively unconstitutional and must satisfy strict scrutiny. It established the demanding starting point for review once the court classified the disclosure provision as content-based.

Reed v. Town of Gilbert, 576 U.S. 155 (2015)

This precedent supplied both the facial content-discrimination inquiry and the requirement of narrow tailoring to a compelling interest. West Virginia’s provision selects particular information about particular persons for restriction. Its protective purpose does not eliminate that content-based structure.

City of Austin v. Reagan Nat'l Advert. of Austin, LLC, 596 U.S. 61 (2022)

Jackson invoked its discussion of communicative content to argue that isolated identifying facts were not regulated ideas or messages. The court disagreed because the legal consequence turned on what the disclosure communicated about the person associated with an address. The decision also mattered separately to commercial speech: a statute governing commercial and noncommercial messages alike does not receive intermediate scrutiny merely because some covered expression is commercial.

McCullen v. Coakley, 573 U.S. 464 (2014)

This decision supplied the least-restrictive-means requirement used in the court’s strict-scrutiny analysis. It made the availability of narrower alternatives decisive: a compelling purpose alone could not justify unnecessarily broad disclosure liability.

Counterman v. Colorado, 600 U.S. 66 (2023)

The court drew on this decision’s explanation that speech prohibitions can deter expression outside their lawful boundaries. That chilling-effect principle supported its concern about publishers suppressing entire directories to avoid accidental liability. The opinion did not import a specific criminal-threat mental-state requirement into all civil privacy laws.

Truthful reporting and sensitive information

The Florida Star v. B.J.F., 491 U.S. 524 (1989), and Smith v. Daily Mail Publ'g Co., 443 U.S. 97 (1979)

Jackson proposed applying this line of cases concerning punishment of news organizations for publishing lawfully obtained, truthful information. The court emphasized those decisions’ deliberately narrow holdings and questioned whether they supplied the most appropriate framework for a statute reaching a much broader range of speakers. It did not treat them as creating a general exception from strict scrutiny.

Atlas Data Priv. Corp. v. We Inform, LLC, 758 F. Supp. 3d 322 (D.N.J. 2024)

This district court decision evaluated New Jersey’s Daniel’s Law under the truthful-publication framework. The Fourth Circuit acknowledged that approach but did not adopt it as controlling. The opinion noted that an appeal had been docketed, underscoring that the cited decision was neither Supreme Court nor binding Fourth Circuit authority.

Soderberg v. Carrion, 999 F.3d 962 (4th Cir. 2021)

This precedent supplied an alternative answer to Jackson’s truthful-reporting argument: even if that framework applied, strict scrutiny would remain the governing standard. The proposed doctrinal route therefore would not change the result.

Privacy interests and commercial expression

Am. Ass'n of Pol. Consultants v. FCC, 923 F.3d 159 (4th Cir. 2019), affirmed under the name Barr v. Am. Ass'n of Pol. Consultants, 591 U.S. 610 (2020)

The Fourth Circuit cited its earlier application of strict scrutiny to a statute advancing personal and residential privacy. This undermined Jackson’s suggestion that privacy-protective statutes historically stand outside stringent First Amendment analysis. The opinion identified the Supreme Court decision as the subsequent affirmance.

Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm'n of N.Y., 447 U.S. 557 (1980)

This authority provided the intermediate-scrutiny framework Jackson sought for commercial speech. The court did not reject that framework generally; it rejected the premise that the challenged statute could be evaluated solely as a regulation of commercial expression.

Greater Balt. Ctr. for Pregnancy Concerns, Inc. v. Mayor & City Council of Balt., 879 F.3d 101 (4th Cir. 2018), and Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60 (1983)

Together, these decisions explain why economic motivation matters but does not settle whether expression is commercial speech. A publisher’s desire to earn money does not, by itself, reduce the constitutional protection for the information published. These authorities defeated Jackson’s reliance on the defendants’ fee-based business models.

B. Legal Reasoning

1. The court distinguished the information’s form from its constitutional function

Jackson’s first argument depended on treating identifying information as nonexpressive raw material. The court instead emphasized its communicative role: addresses and telephone numbers enable people to locate one another, communicate, and exchange ideas. Publishing such facts is itself speech, not merely conduct that incidentally affects expression.

The opinion therefore places online people-search services within an established tradition of information dissemination. Their efficiency may intensify the practical risks of disclosure, but it does not eliminate the threshold constitutional protection.

2. Protected status made the restriction content-based

The court illustrated the distinction with two disclosures concerning the same street address. Identifying it as a grocery clerk’s residence would be permitted; identifying it as a police officer’s residence could be prohibited. The difference lies in what the statement communicates about the person living there.

Thus, the statute’s application depends on both the category of information and the identity or status conveyed by that information. Its benevolent safety objective does not make the restriction content-neutral.

3. The compelling interest was conceded, not minimized

All parties and both courts agreed that protecting justice-system officials from harassment and violence is compelling. The opinion’s account of Daniel Anderl’s murder makes clear that the danger was taken seriously.

The constitutional failure occurred at the next stage: whether the legislature pursued that interest through sufficiently narrow means. The decision therefore rejects neither the legitimacy of official-protection laws nor the possibility of restricting some disclosures.

4. Unknowing liability threatened broader suppression

The court’s central example involved a publisher compiling names and addresses from a town’s public land records. The resulting directory might unknowingly include a police officer or public defender. Under the challenged provision, that inclusion could trigger liability despite the publisher’s lack of knowledge of protected status.

This uncertainty affects more than the official’s entry. A publisher unable to identify covered persons reliably may avoid publishing the entire directory. The threatened suppression therefore extends to information about ordinary residents that the statute does not directly prohibit.

The minimum damages, possible punitive damages, and attorney’s fees give that concern practical force. The court did not need to find that these defendants had actually stopped publishing; its facial analysis focused on the statute’s substantial capacity to chill protected expression.

5. The objective-risk clause did not meaningfully narrow liability

Jackson relied on the requirement that a reasonable person would foresee exposure to harassment or harm. The court concluded that this condition did little limiting work under his interpretation and allegations. At oral argument, he could not identify a disclosure of a covered person’s information that would not create the relevant exposure.

This is a critical qualification to the court’s references to “automatic” liability. The statute does contain a risk condition. The court’s conclusion was that the condition operated almost universally for the disclosures at issue, rather than separating threatening disclosures from ordinary publication.

The reasoning does not establish that every online address disclosure actually causes injury. It distinguishes the mere possibility of misuse from a sufficiently discriminating statutory limit on liability.

6. Notice demonstrated a less restrictive alternative

The court contrasted West Virginia’s approach with federal and other state enactments using advance requests for protection or removal. Delaware’s law supplied a concrete example: after receiving a covered person’s written request, a disclosing party must remove the information from public display within 72 hours.

Such a procedure identifies the protected information and gives publishers an opportunity to comply before incurring liability. It thereby reduces the pressure to suppress unrelated information preemptively.

Importantly, the court said notice was one method, not the exclusive method, of narrowing the law. The opinion does not establish that every valid privacy statute must contain an identical takedown process. Nor does it decide that adding notice alone would necessarily cure every possible constitutional defect.

7. The facial conclusion rests on the statute’s broader reach

The court did not confine its analysis to Jackson’s individual circumstances. It considered the statute’s application to ordinary directories, public-record compilations, and disclosures by speakers beyond commercial data brokers.

Its analysis was qualitative rather than a numerical inventory of applications. The recurring problem was that an extensive category of ordinary factual publication could trigger liability or be deterred because covered persons were unknowingly included. That breadth supported facial invalidation under the First Amendment standard.

C. Potential Impact

Legislative drafting

The decision gives legislatures a concrete warning: a compelling safety objective cannot substitute for carefully defined liability. Notice procedures, opportunities to remove information, and mechanisms addressing publishers’ knowledge are important possible safeguards. The opinion leaves room for other approaches but requires attention to less restrictive alternatives.

Data brokers and other publishers

Within the Fourth Circuit, the decision provides significant protection against comparably broad restrictions on factual directories. Its reasoning is not confined to commercial data brokers because the statute itself reached persons, businesses, and associations generally. Publishers of public-record compilations and noncommercial information may therefore invoke its chilling-effect analysis.

The protection is not blanket immunity. The opinion does not authorize every disclosure of private information or decide the validity of differently structured restrictions addressing threats, targeted harassment, or knowingly disclosed protected information.

Privacy litigation

Future litigants will likely focus on whether a law’s limiting conditions meaningfully distinguish harmful disclosures from ordinary speech. An objective reference to “risk” may be insufficient if the asserted risk accompanies virtually every covered disclosure.

The opinion also limits two common shortcuts: calling information “data” does not remove constitutional protection, and describing its publisher as profit-seeking does not automatically make the publication commercial speech.

Other Daniel’s Laws

The favorable comparison with narrower federal and state laws should not be mistaken for a binding declaration that those enactments are constitutional. Only the West Virginia provision was adjudicated. Other statutes must be evaluated according to their own coverage, procedures, and burdens.

Questions left open

The court did not decide the vagueness challenge, prescribe a particular knowledge standard, establish a universally sufficient notice period, or determine the validity of every possible replacement provision. Its Fourteenth Amendment holding principally reflects application of First Amendment protections to state legislation, not a separate resolution of the unaddressed vagueness claim.

5. Complex Concepts Simplified

Facial challenge
A challenge to a law’s broader operation, rather than only its application to one person. First Amendment doctrine permits invalidation where unconstitutional applications are substantial compared with the law’s legitimate reach.
Content-based restriction
A rule whose application depends on what a communication says. Here, the law distinguishes particular identifying information about designated officials from similar information about other people.
Strict scrutiny
The demanding review applied here: the restriction must serve a compelling governmental interest and use the least restrictive means of doing so.
Narrow tailoring
Designing a restriction so that it does not unnecessarily burden protected speech while pursuing its legitimate objective.
Knowledge requirement
A condition making liability depend on awareness of a relevant fact. The key missing awareness here concerned whether the published information belonged to a covered person.
Chilling effect
When fear of liability causes speakers to withhold lawful expression. A publisher might suppress a whole directory rather than risk unknowingly listing a protected official.
Commercial speech
A constitutional category receiving a different level of protection. It is not synonymous with every publication sold for money or produced by a business.
De novo review
Independent appellate reconsideration of a legal question, without deference to the lower court’s legal answer.

6. Conclusion

The decision’s central principle is that protecting public officials, however compelling the need, does not justify unnecessarily broad restrictions on factual publication. West Virginia’s challenged provision failed because its liability structure exposed unknowing publishers to sanctions and encouraged suppression extending beyond protected officials’ information.

The opinion leaves substantial room for official-protection legislation. Its demand is precision: governments must pursue safety through measures that burden protected speech no more than necessary. Notice-and-removal procedures illustrate that possibility without becoming an exclusive constitutional formula.