Third Circuit Asks NJ High Court to Answer Daniel’s Law Question

New Jersey’s online privacy shield for judges and law enforcement returns to the state’s highest court after the Third Circuit asked Tuesday what mental state triggers legal penalties under the law.

The shield, named Daniel’s Law after the son of a federal judge who was killed at their home by a lawyer, assigns damages to websites that fail to timely take down addresses and telephone numbers of covered persons following a notice. When the district court reviewed Daniel’s Law as part of a facial First Amendment challenge, it assumed under state law that a website must be negligent for actual ...