He’s got an opinion
The County Council will vote tonight on a bill sponsored by Councilman John Olszewski Sr. that would create a so-called do not distribute list for advertisements and fliers that are left on the doors of county homes.
Several councilmen expressed concerns that the bill runs afoul of free speech rights in the Constitution.
Not so, Olszewski said last week and said he had an opinion from the state Attorney General bolstering to back him up.
The letter from the attorney general’s office, obtained from the council last week, is not exactly an opinion in the strictest sense. The letter does not directly address Olszewski’s bill but does address some issues that are similar to the proposed county law.
The document, sometimes called an advisory letter, was sent in January 30, 2008 to Del. Tanya Shewell, a Carroll County Republican. Shewell was sponsoring a bill to require newspaper publishers to establish a do not deliver list after she grew frustrated in her personal attempts to have the Baltimore Examiner stop delivering to her home.Assistant Attorney General Bonnie Kirkland wrote that the establishment of a do not deliver list would not violate the paper’s right to free speech. Kirkland also advised that the bill would not likely prohibit candidates for office from delivering materials.
“While campaign material may be distributed more than once during a campaign, it is generally not distributed at regular intervals like circulars, newspapers, and magazines. Thus, it is my view that the bill would not apply to campaign material. Of course, the bill could be amended to remove any doubt.”
The letter to Shewell is not an official opinion of the Attorney General as it is not signed by Attorney General Douglas Gansler.
And all opinions, in the end, are advisory only and do not carry the force of law. In the end, a judge could decide the issue if a case were ever brought, something Olszewski doesn’t dispute.
A 2007 county law restricting when campaign signs can be displayed on private property was struck down by a federal judge. At the time, the council passed the law believing it did not violate free speech guarantees and claiming they had the blessing of their attorneys.
“You got me there,” Olszewski said after being reminded of the sign law that was struck down.