Posts Tagged ‘Maryland’

Maryland toughens “cyber-bullying” law yet further

“We’re not interested in charging children or putting them in jail or fining them,” says a campaigner for Maryland’s “cyber-bullying” law, “Grace’s Law 2.0,” which is drafted to do exactly those things. “What we want to do is change the behavior so the internet is more kind,” says the same campaigner regarding the new law, which would encourage online users to turn each other in for potential 10-year prison terms over single instances of certain kinds of malicious, abusive speech, and is being billed as going farther than any other law in the country, as well as farther than the earlier Maryland law passed in 2013.

Bruce DePuyt at Maryland Matters reports that Senate Judiciary Chair Bobby Zirkin (D-Baltimore County):

said the 2013 law required that abusive comments be sent to the individual and be part of a pattern of conduct. With the rise of social media, that proved to be too high a hurdle, he said.

Under the new law, “a single significant act can land you in trouble,” he told reporters.

Due credit to the ACLU of Maryland, which called out this dangerous venture in speech regulation:

Toni Holness, the group’s public policy director, said in February that the bill fails to adequately define what constitutes a “true threat.”

Holness also was concerned about other words in the bill that had not been defined: encourage, provoke, sexual information, intimidating, tormenting.

“There’s way too much prosecutorial discretion in these terms that are not defined,” she said.

I criticized the bill in February and noted language from Zirkin suggesting that the Court of Appeals, as distinct from the legislature, would sort out its constitutionality. Before that, I criticized the 2015 law as itself going too far (more). DePuyt reports that Zirkin may approach U.S. Rep. Jamie Raskin (D-Md.) about introducing a similar bill on the federal level. Let’s hope Raskin says no to that bad idea. [cross-posted from Free State Notes; see also earlier]

Related: “A student in Ohio has been arrested and faces expulsion for rating his female classmates on Twitter.” Whatever view the law takes of the prospective expulsion of 18-year-old Mehros Nassersharifi by Perrysburg High School, his arrest, on charges of telecommunications harassment, should be recognized as violating the First Amendment to the Constitution [NBC24, Hans Bader]

April 17 roundup

  • Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
  • “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
  • In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
  • Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
  • “Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
  • “How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]

Another Maryland redistricting panel wraps up its work — and a word from Arnie

This is only tangentially related to Overlawyered (unless you are a big fan of the posts on redistricting reform and the Supreme Court’s pending Lamone v. Benisek) but one of the projects I’m involved in as a civically active Marylander, the Emergency Commission on Sixth Congressional District Gerrymandering, sent a proposed new Sixth and Eighth District map to Governor Larry Hogan last week, which he promptly introduced as a bill in the legislative term that ends soon. And yesterday, again by a unanimous vote, we approved our final report to send to the governor.

You should also listen to former California Gov. Arnold Schwarzenegger on the subject:

More coverage, mixing the Supreme Court case from last week with mentions of our remedial efforts: Samantha Hogan, Frederick News Post (with picture) and earlier, Bruce DePuyt and Robin Bravender, Maryland Matters (also with good pictures), Tamela Baker, Herald-Mail (Hagerstown), Jennifer Barrios, Washington Post, Kimberly Eiten/WJZ, Dominique Maria Bonessi, WAMU.

Also, Nina Totenberg’s approach to Schwarzenegger on the Supreme Court steps became a viral meme and I’m in it:

In the Washington Post on the Maryland minimum wage

New from me and Cato colleague Ryan Bourne in the Washington Post:

One thing we’ve learned in this year’s debate over a statewide $15 minimum wage, now set to become law after the legislature overrode Gov. Larry Hogan’s (R) veto today, is that affluent central Maryland doesn’t want to listen to hard-hit rural Maryland….

In the debate over the $15 minimum wage, lawmakers from [already high-wage] Montgomery County, Baltimore City and Howard County were nearly unanimously in favor, with most delegates supporting strong versions of the scheme. Meanwhile, most lawmakers from depressed parts of the state were passionately opposed.

Guess who had the numbers to outvote whom?…

Affluent sections of Maryland can vote for $15 without much worry that a large share of their job base will disappear. Poor counties can’t.

Whole thing here (update: unpaywalled version). Related: Highly informative Jacob Vigdor/Russ Roberts interview on the Seattle studies, and on the strategies that employers (restaurants in particular) use to adjust [David Henderson, Econlib] More on the problems of applying a uniform law to portions of the country with seriously different wage levels and costs of living [Daniel McLaughlin, NRO] Some observations of mine at an earlier stage of the Maryland debate [Free State Notes] Ryan Bourne on adjustments at Whole Foods following its accession under political pressure to a $15 minimum [Cato].

Maryland: “Bail reform hasn’t led to fewer held in jail, court records show”

A Capital News Service series published at Maryland Matters confirms that in Maryland, at least, bail reform has had trouble meeting its intended goals. In particular, while the number held for inability to meet bail has dropped sharply since the adoption of reforms in February 2017, Baltimore in particular has seen an offsetting jump in the rate at which judges hold defendants without making bail available. Statewide, “the number of people held with bail decreased from 29.8 percent to 18.4 percent over the past 18 months, while the number of people held without bail has increased from 13.6 percent to 22.6 percent.” [Alicia Cherem and Carly Taylor with sidebar by Kaitlyn Hopkins and James Crabtree-Hannigan] I reported on the same trend in 2017 and again last year.

A second entry in the series examines the adoption of pretrial risk assessment algorithms which can make up for some of the lost functions of cash bail, a county-by-county process still under way across the state [Angela Roberts and Nora Eckert] A third looks at the “trial penalty”: numbers show that “defendants who reject plea bargains and are convicted when they choose to go to trial for many types of crimes face longer sentences – sometimes substantially longer – than defendants who make a deal.” [Shruti Bhatt, Angela Roberts and Nora Eckert]

It’s worth remembering that state ventures in bail reform can lead to quite different outcomes depending on the strategy tried. New Jersey, which has won praise for its careful development of pretrial services, “is approaching two years operating a bail system where people don’t have to pay money to be free from jail. The crime wave some warned about hasn’t happened.” [Scott Shackford, Reason; Marc Levin, Real Clear Policy]

Free speech roundup

  • We’ll pass the bill first, and let the courts tell us later whether it violates the First Amendment. That’s not how it’s supposed to work [my Free State Notes on a Maryland “cyberbullying” bill]
  • Local laws requiring government contractors to disclose/disclaim ties to the anti-Israel BDS movement have rightly come under criticism. Will that spill over to a constitutionally dubious new Los Angeles ordinance requiring contractors to disclose ties with an advocacy group devoted to a different issue, the NRA? [Eugene Volokh]
  • “Lust on Trial,” new book by Amy Werbel on celebrated vice crusader Anthony Comstock [Kurt Conklin with Alex Joseph, Hue (Fashion Institute of Technology, NYC); podcasts at FIRE with Nico Perrino and ABA Journal with Lee Rawles]
  • “The Rushdie affair became a template for global intellectual terrorism” from Paris and Copenhagen to Garland, Tex.; in a different way, it also foreshadowed the far pettier heresy hunts and sanctity trials of callout culture [Jonathan Rauch]
  • $250 million libel suits as a fantasy way to own the libs? In real life meanwhile big-ticket libel suits are used to silence conservatives [Competitive Enterprise Institute press release (leading media orgs including RCFP, SPJ, ASNE support rehearing of D.C. court ruling favorable toward Michael Mann defamation action), NR editors, Jack Fowler] “The media’s Covington coverage was appalling, but Nick Sandman’s libel lawsuit is not the answer” [Robby Soave, Irina Manta] Another part of the forest: Justice Clarence Thomas criticizes New York Times v. Sullivan [Will Baude, Cass Sunstein, Ramesh Ponnuru]
  • “A new documentary showcased by PBS presents Montana as a success story of campaign finance reform and Wisconsin’s John Doe investigations as a failure.” But “Dark Money” has some omissions [Cato Daily Podcast with Caleb Brown and Steve Klein of the Pillar of Law Institute]

February 13 roundup

  • Michigan’s Oakland County seizes rental property owned by elderly man over $8.41 unpaid tax bill plus $277 in fees and interest, sells property for $24,500, keeps all the surplus cash for itself. Constitutional? [Joe Barnett, Detroit News]
  • Pruning obsolete laws: “Teaneck Council repeals more than a dozen old laws, including ban on cursing” [Megan Burrow, North Jersey Record, quoting Councilman and longtime friend of this site Keith Kaplan]
  • “What does the Constitution have to say about national emergencies, both real and imagined?” [Cato Daily Podcast with Gene Healy and Caleb Brown]
  • Lawyer in drunk-driving case: my client’s chewing on her coat could’ve thrown off breath test [AP/WSBT (Berwick, Pa.)]
  • Baltimore police corruption, tax policies that attract people, densifying MoCo and more in my latest Maryland policy roundup [Free State Notes]
  • Busybodies in Bismarck: “North Dakota’s Excellent Food Freedom Act Is Under Attack Yet Again” [Baylen Linnekin]

Court: Maryland law regulating newspapers and social media flunks First Amendment

Last year following the Russian Facebook scandal the Maryland legislature passed a bill regulating newspapers (!) and other online ad platforms. Gov. Larry Hogan refused to sign it, citing First Amendment concerns. Now a federal court has agreed and blocked the law’s enforcement as an unconstitutional infringement on the freedom of the press.

I write about the case at Cato. “Social media trickery is bad. Chipping away at First Amendment liberties to stop it is worse.”

January 16 roundup

  • The two new heads of the judiciary committees in the Pennsylvania legislature are nonlawyers, and the legal community appears to be fine with that [Max Mitchell, Legal Intelligencer]
  • Long after his downfall in one of the worst U.S. legal scandals in years, Stan Chesley was still listed as holding an honored position at a major charity until a reporter started calling [Josh Nathan-Kazis, Forward, I’m quoted; update (Chesley’s name removed)]
  • National security restrictions form an important part of regulatory practice these days for international business, discussed at a Federalist Society National Lawyers Convention panel with William J. Haynes II, Timothy Keeler, Randal Milch, Donald Rosenberg, and moderator Eric J. Kadel, Jr.;
  • How seeking government intervention backfired on Silicon Valley [Drew Clark, Cato Policy Report]
  • Are Baltimore schools underfunded? tales of the gun buyback, local adoption of Daubert, and more in my latest Maryland policy roundup [Free State Notes; plus redistricting updates]
  • “Despite Losing Its Copyright Case, The State Of Georgia Still Trying To Stop Carl Malamud From Posting Its Laws” [Mike Masnick, TechDirt, earlier]