Supreme Court of the United States

Smith, Judge v. Daily Mail Publishing Co.

June 26, 1979443 U.S. 97

Summary

The Supreme Court affirmed the West Virginia Supreme Court, holding that the state statute criminalizing the publication of a juvenile offender’s name without court approval violates the First and Fourteenth Amendments because it impermissibly punishes the truthful, lawfully obtained dissemination of information of public significance. The Court reasoned that the State’s interest in anonymity is not of the highest order required to justify such a restriction and that the statute fails to achieve its purpose.

Holding

  • Whether West Virginia Code §49-7-3 violates the First and Fourteenth Amendments by criminalizing the publication of a juvenile’s name obtained lawfully.. The statute is unconstitutional; the State may not punish the truthful publication of a juvenile’s name obtained lawfully.

Docket 78-482

Cited authorities

  • W. Va. Code §49-7-3
  • Colo. Rev. Stat. § 19-1-107
  • N.H. Rev. Stat. Ann. § 169:27-28