The Washington Post v. McManus, No. 19-1132 (4th Cir. 2019)Annotate this Case
A Maryland law requiring newspapers, among other platforms, to publish on their websites, as well as retain for state inspection, certain information about the political ads they decide to carry, violates the First amendment. The Fourth Circuit affirmed the preliminary injunctive relief awarded by the district court and explained that, while Maryland's law tries to serve important aims, the state has gone about this task in too circuitous and burdensome a manner to satisfy constitutional scrutiny. The court agreed with the district court that the law is a content-based law that targets political speech and compels newspapers, among other platforms, to carry certain messages on their websites. The court declined to decide whether strict or exacting scrutiny should apply to a disclosure law like the one at issue, and held that the law failed under the more forgiving exact scrutiny standard.