Articles Posted in Constitutional Law

A new lawsuit challenging the constitutionality of the Maryland Firearm Safety Act of 2013 underscores the continued tension between those seeking greater regulation of firearms and those advocating for the protection of individual Second Amendment rights.  In 2023, as states like Maryland continue to grapple with issues such as permit requirements, background checks, and restrictions on certain types of firearms, legal challenges to these measures continue to wage.  Gun rights proponents see new daylight in an increasingly conservative U.S. Supreme Court.

Maryland defended the Maryland Firearm Safety Act of 2013 before a skeptical 4th Circuit.

We also have commentary below on the new opinion in a different Maryland Shall Issue lawsuit against Montgomery County from May 2023.

The Maryland Daily Record published a story today about a St. Mary’s County, Maryland man who is suing and three anonymous users of the site for defamation and false light invasion of privacy over the posting of sexually explicit pictures of his wife.

I hope more information comes out about this story because I have a lot of questions. First, the man claims that his reputation as a monogamous spouse has been smeared because of the inference that he is a swinger. This is nonsense on several levels. As a service to you, the loyal Maryland Lawyer Blog reader, I went to this website. There is no presumption that everyone on the site is part of a swinging couple. In fact, I think the major purpose of the site is to give couples a chance to pick up a third if you will. This might cast some unfavorable impressions of his wife, who is notably not a plaintiff, but it says very little about him and whether he has been faithful to his wife.

I would also be curious to know exactly where sexually explicit pictures of his wife of 22 years came from in the first place. Three different users apparently have these pictures. There does not appear to be any suggestion that the pictures were stolen or unlawfully obtained.