Will Act 303 in Louisiana stand or is it unconstitutional?

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The Louisiana law that will allow elected officials to demand the removal of online posts containing their personal information is Act 303 of the 2025 Regular Legislative Session, which goes into effect on February 1, 2026 (an amendment to previous legislation, Act 628 of the 2024 session). This act expands the scope of an existing law that allows judges and district attorneys to sue over the publication of their personal information online.

Key Provisions of the Law:

Expanded Coverage: The law allows a wide range of public officials, including the governor, attorney general, and state lawmakers themselves, to demand the removal of their personal identifying information from the internet. Spouses, children, and other dependents living with these officials are also covered.

Covered Information: The protected information includes home addresses, telephone numbers, personal email addresses, birth dates, marital records, schools and daycares of children, places of worship, and employment locations of household members.

Removal Deadlines: Individuals and private businesses have 72 hours to remove the specified information after receiving a request, or they become vulnerable to a lawsuit or criminal charges. Government entities have 15 days to comply.
Penalties: Violators could face criminal penalties, including a fine of up to $1,000 per violation and up to 90 days in prison.

Scope: The law is broad and applies to any type of internet post, including news stories, social media posts, private websites, and public databases (like the state's political campaign contributor database).

Criticism: Free speech advocates and legal experts, including an attorney for the Louisiana Press Association, have described the law as "wildly unconstitutional" and say it threatens First Amendment rights and public transparency.

The law is more sweeping than similar statutes in other states because it covers a broader range of officials and information and does not include exemptions for news gathering or content related to public interest concerns.

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