Thursday, June 10, 2010

The Constitutional Right To Tell Fortunes

The Maryland Court of Appeals has held that a county ordinance that prohibits fortunetelling for pay violates the free speech rights of a fortuneteller. A dissent would find that the legislative determination that the provision was no more restrictive than necessary

...to further the County's expressed and significant interest in preventing fraud from being perpetrated on its citizens. The Majority opinion, deeming itself more insightful about the nature of fortunetelling than the largely factual assessment of the [county] government, substitutes its judgment for that of the legislative body. I, on the other hand, would hold that [the provision] does not restrict impermissibly Appellant's First Amendment rights.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/06/the-consitutional-right-to-tell-fortunes.html

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Comments

I knew you were going to post this story, Mike.

Posted by: Alan Childress | Jun 10, 2010 10:57:16 AM

Well, if they prohibited fortunetelling, what next? All those economics prognisticators pontificating as talking heads in the mass media? Seems like the first step down a slippery slope!

Posted by: Patrick S. O'Donnell | Jun 18, 2010 4:51:29 PM

Agreed, Patrick. Think of all that tithing that pays for the promise of eternal salvation.

Posted by: Jeff Lipshaw | Jun 19, 2010 8:41:01 AM

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