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Reason
Reason
Eugene Volokh

Maryland Statute Banning Attempts to Influence Judges and Jurors Through "Corrupt Means" Upheld

From Schiff v. Brown, decided Monday by Magistrate Judge J. Mark Coulson (D. Md.):

Plaintiff was allegedly arrested unlawfully in October 2022 pursuant to Md. Code Ann., Crim. Law § 9-305 "due to a statement he made to the wife of Supreme Court Justice Brett Kavanaugh." Specifically, Plaintiff avers that he was arrested for stating that "he might ruin J. Kavanaugh's 'career and reputation.'" The case was later dismissed, but Plaintiff asserts that he now has grounds to sue the Kavanaughs "for various torts related to abuse of court process and free speech retaliation." Plaintiff "would like to freely opine to the Kavanaughs, his opinions on how such a potential suit would further harm Kavanaugh's career and reputation," but is currently self-censoring himself out of fear of the Kavanaughs "using [the statute] to retaliate against him once again." Plaintiff submits that "This is also affecting his pro se effective counsel rights" because Plaintiff's effective representation of himself is hindered by his inability to contact the Kavanaughs….

Md. Code Ann., Crim. Law § 9-305 provides, in pertinent part:

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