ACORN, the group that launched Obama’s career as a community organizer (an ACORN affiliate received received $800,000 from Obama’s campaign), was recently caught in undercover stings advising about how to set up a brothel that would bring “minor girls into the country for purposes of prostitution,” reports the Washington Post. (ACORN receives taxpayer money despite a long history of financial fraud and vote fraud).
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.”
(Similar “privacy” laws in Massachusetts have been used to shield kidnappers calling in ransom demands, and police abusing motorists!).
The threatened prosecution is selective and discriminatory, as Ed Morrissey explains.
Moreover, as this bullying prosecutor surely knows, the First Amendment generally overrides state privacy laws insofar as they would prevent disclosure of public corruption and discussion of matters of public concern, as the Supreme Court has made clear in cases like Florida Star v. B.J.F. (1989), Bartnicki v. Vopper (2001), and Time v. Hill (1969).
But as the Examiner notes, “Maryland is a one-party state” where Democrats are in charge of all three branches of government. And it is conceivable that the Maryland courts will let Jessamy use an obscure technicality to harass the makers of the video for years, despite the First Amendment.
There is a legal doctrine called “Younger abstention,” under which federal judges, based on “federalism,” won’t issue injunctions against state-court prosecutions, even if they violate the First Amendment or other constitutional provisions, unless the prosecution is not only unconstitutional, but “patently” and “flagrantly” unconstitutional. That is an extraordinarily high standard to meet, which insulates many unconstitutional state prosecutions from being challenged in federal court.
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.
“Younger abstention” doesn’t apply until the prosecutor actually brings charges. So the makers of the video could seek a federal court injunction against their impending prosecution, right now, if they had attorneys. But the makers of the video appear to be conservative activists, not liberals, so the ACLU likely won’t jump at the chance to represent them (although it may eventually file an amicus brief on their behalf if they end up being prosecuted).
While Jessamy wants to put the makers of the video in prison for 5 years for exposing corruption by a recipient of taxpayer money, her office let a woman, Ria Ramkissoon, who deliberately starved her son to death, get off with a slap on the wrist, with no prison time at all. She has a deeply-warped sense of priorities.
By the way, Obama made many false claims in his health-care speech, as even liberal media have conceded.
Comments
Privacy laws aren't "technicalities" and a prosecutor who enforces laws isn't a "liberal bully." If you don't like a law, get the law changed legislatively. I thought right-wingers are supposed to dislike judicial activism?
Dave misses the point. Prosecutors have a duty NOT to enforce unconstitutional laws, and not to enforce generally-constitutional laws in unconstitutional ways.
The prosecutor's threat is a flagrant violation of the First Amendment. See Bantam Books v. Sullivan (threat to censor violates First Amendment).
Patricia Jessamy is your typical, soft-on-crime, liberal "prosecutor" who does not understand her job.
Michelle Malkin has chronicled how she let murders who beat a man to death off with a light penalty (Patricia Jessamy's spokesperson made grossly insensitive remarks about the victim, and got away with it).
We do, but we dislike pro-criminal prosecutor inactivism more.
Excuse me, I didn't realize this thread is upside-down. Allow me to quote properly:
"Privacy laws aren't "technicalities" and a prosecutor who enforces laws isn't a "liberal bully." If you don't like a law, get the law changed legislatively. I thought right-wingers are supposed to dislike judicial activism? "
We do, but we dislike pro-criminal prosector inactivism more.
The prosecutor is making a threat of selective prosecution in violation of the First Amendment.
The prosecutor is only doing this because the people who took the audio/video were conservatives.
This same prosecutor has failed to prosecute many non-conservatives who took audio and video without the consent of the taped party, and then publicized what they took, revealing their own violations of this statute.
She's only doing this because the filmmaker in this case is a conservative.
Even if this really broad law banning audiotaping were valid, her threatened prosecution would still be unconstitutional because she's engaging in viewpoint discrimination (see R.A.V. v. St. Paul).
Hans,
you need to change your name. You are just a partisan hack. This is total spin. You have no objectivity at all. Have you considered your problem with Obama may be about race? Have you examined yourself for hidden racism? You might want to check...
“possibly have been obtained in violation of Maryland Law Article §10-402"
"Hmmmmm a meteor just missed the earth that would have destroyed all known life. POSSIBLY in violation of a littering ordinance in Zambia."
Right, expectedly silent libiot media. Who would care what evidence they gathered. It's not like you can put cameras in toilets and buses and cash registers and changing rooms etc etc etc. Hey! That Candid Camera dude was WAY out of lockstep, now I think about it!
But who cares! Mom gave me gas money to autocross my Yugo just to get me out of her basement.
Welcome to libiot utopia, America.
Why read his columns them Mister Man? 10 to 1 If I read your comments on his last article, you won't have disproved any of the facts. You'll just spout more unsubstantiated critique of the writer and expect it to be be accepted dogmatically as every liberal does.
Olivia,
How was Mr. Bader not being objective in this article? While he is clearly a conservative, his treatment of the topic was factual in every respect. Please cite specific instances of subjectivity instead of incoherently ranting. I also believe that you are the only one discussing race here. **sigh** For the millionth time, conservatives don't care if Obama is purple with green polka-dots--it is his policies and associations with which we take umbrage. Liberals like you are the true racists in this country. For every one mildly racist comment you can find that a conservative has made, I'll list you five horribly racist comments that liberals have made (and that's just Ted Kennedy!) But I do appreciate your post. It has been instructive about the definition of irony: you rant about the article's supposed lack of objectivity--in a post that has nothing whatsoever to do with article. Go home and sort your recycling and leave the blogging to the grown-ups.
This is typical for Jessamy and her staff. After white Zach Sowers was beaten to death by black thugs, Jessamy and her staff gave kid glove treatment to the criminals and very nastily trashed his Asian widow who dared to question them.
Now Jessamy is going after those who dare to reveal those who are aiding child victimizers (in the video the "pimp" discusses how they want to bring in 15 year old children for prostitution). Soooo, instead of talking about what will be done to the ACORN staff, it's let's go after the investigative journalists!
WELLCOME TO 1984!!!
We, the people, should make a Federal law that applies to all, perfectly legal to expose criminal activity in any government capacity on any level - and another law that makes it illegal for any prosecutor to be prosecuted themselves if intentionally stepping out of bounds of the law they are entrusted to enforce.
To allow government officials such as this to use the law in a perverted way, or attack others, should be very criminal. The entire idea that a government officail can not be prosecuted for a crime they knowingly commit themselves is an injusticee to the court system as well as the people. Such "diversity" should not be tolerated, and that our Federal Supreme Court allows such is a perversion of the law - period.
"You have no objectivity at all. Have you considered your problem with Obama may be about race? Have you examined yourself for hidden racism?"
Hey Olivia, great argument. Just call someone a racist when he criticizes a prosecutor going after those who expose those who enable child rape, not the enablers themselves. You can jump up and down and screech "RAAAAAACISM" all you want, but people are sick of it. Come up with an ACTUAL argument or shove it where the sun don't shine. Why don't you examine yourself for all-too-obvious stupidity.
I think the article was written and titled to inflame. Great job! Obama "ally"...Let's see what side of the coin this writer falls on. Well you got the headlines and the comments anyway. Funny we want to accuse a man that has been in office all of EIGHT MONTHS of everything that the last president spent 8 YEARS running into the ground. Put it in perspective people. Come on you're all smarter then that. Obama didn't start this mess.
I was getting very frustrated watching ACORN get away with their
hands in everything. I remember when ACORN leaders were pledging
their loyalty to Obama,(no other candidate). He made promises to
those street thugs, that they will be giving him advice when he's
in the White House. They received millions of taxpayer dollars,
and now they are on the payroll for billions. President Obama
has all the taxpayer's paying for his campaign without their
approval. That is the first illegal act. Everything they are
involved with is illegal. President Obama is directly connected
to ACORN. All the Liberals at the very top, use ACORN & SEIU for
their personal agendas. They caused the collapse of two mortgage
lenders which started the collapse of our economy. Whatever it
takes to prevent funding, it has to be done. Rosanna
'Racism', you say? Pooh. The word has lost its meaning, right behind 'fascism.' They now are merely nasty playground names for people who tell truths that Democrats don't want the public to hear.
The boy has cried wolf a million times too often, and I no longer pay a lick of attention to accusations of racism. Let us redouble our efforts to smash Obama's socialist agenda to splinters, and plow over all Democrat opposition regardless of what pathetic worn-out names they call us.
These phony claims of racism are getting so childish and boring.
It must be so convienent to have a ready made excuse when things dont go your way.
Seems strange this prosecutor would side with the ACORN workers, since she is on a board that fights child abuse and the ACORN folks were so willing to contribute to that type of crime. We truly are in a topsy-turvy world. Thanks Obammunists!
Given the past criminal tactic of using child sex traps to blackmail Dems by the GOP and CIA, I wouldn't be surprised if Tapscott, Giles and O'Keefe planned to go ahead and actually set up a child brothel to ruin ACORN and the Dems.
this commie bitch perverts the law same as mr.bongo does, if baltimore gets any more scum like her they will turn the place into detroit.
Jessamy's office spokes person stated that the white man who was assaulted by 4-5 black teens in Baltimore, even stomping on his head, when he went out for a walk one night, putting him in a coma, making him unrecognizable to his wife when she came to identify him, probably sustained most of the damage when he 'fell to the ground'. Jessamy, and Baltimore in general is racist against whites. To quote the black detective from the TV show 'Homicide", "this is a black town." And don't you forget it, whitey. By the way, the white guy died, eventually, without regaining consciousness. Baltimore is also the city where they keep dead murder victims in the morgue and do not count them towards the murder statistics. I could go on but you get the idea.
Maybe Jessamy could get Serena Williams to shove a tennis ball down O'keefes throat?
Always these liberals hide their numerous sins with the trump card "Racism". If four white punks beat a black man to death, it would make national headlines as a hate crime. If Acorn was a right wing organization, there would be investigations in every hall of congress calling for their heads. We better wake up in this country, because the rules do not apply to the liberals and their Black lackies. Their racism/fascism will overrun us if we do not fight back. We will have to take back our country by any means possible because these people will do anything and everything within our without the LAW.
ACORN should be investigated by the appropriate local prosecutors as should the film makers who apparently videotaped individuals without their consent. We are a nation of laws and if you break them you must suffer the consequences
Appalling! The law banning audiotaping that the prosecutor wants to use to silence the whistleblowers obviously wasn't designed with their whistleblowing in mind.
Even if it were, it's just unconstitutional to use it against them.
They were doing JOURNALISM, for heaven's sake.
You can't ban things like the video of the Rodney King beating just because the people being filmed engaged in wrongdoing object to the taping. It's called freedom of speech and freedom of the press!
Wrongdoers ALWAYS object to such taping.
The last time I checked, the Constitution overrides contrary state laws.
A state can pass as silly a law as it likes, but when the law bumps into the First Amendment, it has to give way to the Constitution.
There are all kinds of state laws that aren't nearly as dumb -- like libel laws -- that still give way when they collide with the Constitution and robust, uninhibited debate on matters of public concern. This is a much easier case.
The prosecutor s
Hmm? Here's proof Maryland needs to change their law. Maryland law maker, did you read this. If you want to have change, change this.
A Magazine said that researchers have proved that Whites are born with innate racism..WOW ! That explains Obamas' actions..The white side hates his black side..Maybe he abuses himself when he shaves..Maybe he hates his black face..Could be the reason he doesn't give a crap about his Black Ancestors..Maybe he needs some serious councelling.Preferably in an asylum.That would be good for America.The world would be happy to know their suspicions are True..America really is being ruled by a NUT JOB...
I'm just glad that this organization will be hanging around the neck of Obama and the Democrats from now on, and forever. Despite the lack of coverage from the fringe media everyone knows about this now, and everyone knows Obama had his sleeves rolled up high so he could dig deep into ACORN over the years. Bush and Cheney had 'Haliburton' and even though most of the minions Libs bus to the polling place every November don't have the first clue what Haliburton does, you guys hammered it for 8 years. At least you'll only have to hear about Acorn for 4.
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