4th Circ. Strikes W. Va. Public Disclosure Law as Unconstitutional

GRAND RAPIDS, MI. - The United States Court of Appeals for the Fourth Circuit struck down West Virginia's version of Daniel's Law, ruling that the statute violates the First Amendment. The court declared unconstitutional the state law that barred the disclosure of personal data for public officials, judges, and law enforcement officers.

The plaintiff in the case, Michael Jackson, a retired law enforcement official brought suit against five (5) data aggregators, Thompson Reuters, Lexis Nexis et. al., seeking to block them from making his personal information such as name and address available through their internet search functions. The United States District Court for the Northern District of West Virginia granted the defendants' motions to dismiss alleging West Virginia's Daniel's Law statute violates their First and Fourteenth Amendment rights.

West Virginia passed the legislation in 2021 following the murder of a federal judge's son, Daniel Anderl, was shot and killed in their home after his mother ruled against a lawyer in her courtroom. The law, which was adapted and adopted nationwide within a year of the shooting, sought to shield sensitive personal information of officials to enhance their security. However, legal challengers contested the restrictions as an infringement on free speech and public disclosure rights.

The appeals court decision dismantled the state protections designed to mask official records. Legal analysts noted that the ruling impacts how states balance privacy and security measures against constitutional speech protections.

Jackson v. Thomson Reuters America Corp., No. 25-2121 (4th Cir. Oct. 27, 2026) -- https://law.justia.com/cases/federal/appellate-courts/ca4/25-2121/25-2121-2026-10-27.html