The First Amendment prohibits the government from censoring truthful information, especially when it's about government officials. Yet tucked into the National Defense Authorization Act (NDAA)'s 4,400-plus pages is a subtitle which does just that. Title LIX, Subtitle D of the NDAA, or the Daniel Anderl Judicial Security and Privacy Act (JSPA), bans a broad range of basic facts about federal judges from being posted on the internet. It then deputizes social media companies to ensure those facts remain offline. The JSPA was named after U.S. District Judge Esther Salas's 20-year-old son who was tragically killed at the judge's New Jersey home. In an effort to prevent similar tragedies in the future, the JSPA bans all Americans from posting biographical information about judges and their families online. But far from just highly sensitive information, like Social Security numbers and home addresses, the JSPA prohibits publishing judges' birth dates, their relatives' employers, and any current or future schools attended by their family members. While its aim to protect federal judges from harm is laudable, the breadth of the JSPA's coverage will have absurd consequences. Once the law takes effect, tweeting "Happy 68th Birthday!" to Chief Justice Roberts will be illegal, potentially subjecting users to a significant financial penalty.
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