Now, Patricia Coats Jessamy, the Baltimore City State’s Attorney, is trying to silence those who have broadcast the video footage, relying on a Maryland law that violates the First Amendment. She is not interested in prosecuting the crimes recorded on the video, such as promoting “sex slavery.” Instead, this partisan, ardent Obama supporter wants to prosecute those who took the undercover video — and those citizens, bloggers, and journalists who broadcast it or “use” or “disclose the content” of it!
In her public statement turning a blind eye to ACORN’s crimes, she complains that the video may “possibly have been obtained in violation of Maryland Law . . . Article §10-402, which requires two party consent. If it is determined that the audio portion now being heard on YouTube was illegally obtained, it is also illegal under Maryland Law to willfully use or willfully disclose the content of said audio. The penalty for the unlawful interception, disclosure or use of it is a felony punishable up to 5 years.”
Examiner goes on to report:
If Jessamy prosecutes YouTube, which is hosting the video, or the bloggers and journalists who are broadcasting it, this exacting standard will be met, and a federal judge will likely issue an injunction against her wrongdoing. (See In re Providence Journal Co., 820 F.2d 1342 (1st Cir. 1987) (issuing injunction); Jean v. Massachusetts State Police, 492 F.3d 24 (1st Cir. 2007) (disseminating audiotape that was banned by state “privacy” law was protected by First Amendment)).
But if she just prosecutes the makers of the undercover video, like film maker James O'Keefe, it is conceivable that federal judges will refuse to intervene, saying that her violation of the First Amendment, while proven, is insufficiently “patent” and “flagrant” to justify an injunction against her (although I would argue to the contrary).
If that happens, she may be able to harass the makers of the video for years, until state prosecutions or convictions are overturned by the U.S. Supreme Court. (Maryland’s highest court, the Maryland Court of Appeals, expansively interpreted the statute she is invoking, in the aftermath of Linda Tripp’s recording of her conversations with Bill Clinton’s paramour, Monica Lewinsky). Even after their convictions or prosecutions are overturned on First Amendment grounds, she will be immune from any personal consequences, since prosecutors have “absolute civil immunity” against damages for constitutional violations they commit in the course of their jobs.
Ok, so now dissenters can be prosecuted for doing the duties the real media fails to do. Fine. GO ahead and prosecute ME Ms. Jessemy...I'll be happy to see you in court.
Here are the videos:
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