Thursday, June 10, 2010
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.