For being such a great legislator (his words...), he sure could use a reminder of the actual law.
Under Maryland law, the reporter is protected because the candidate’s statements do not qualify as a protected conversation under state wiretap statutes, and open newsgathering in public or semi-public spaces is protected by the First Amendment.
While Maryland requires all-party consent to record private conversations (under § 10-402(c)(3)), the statute only applies if the conversation is legally "private" in the first place. If the exchange is not a "private conversation," it does not constitute an "oral communication" under the Act, and recording it does not violate the statute.
Article 40 serves as Maryland's state constitutional equivalent of the First Amendment, guaranteeing that "the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects." Maryland courts interpret Article 40 in pari materia (co-extensively) with the First Amendment, providing a state constitutional shield for open newsgathering.
I understand that and I live on the other side of the country. With these assholes in and running for office, we're all going to need to be amateur lawyers :). Also, fuck this guy.
