bpSchoch
Active Member
There is some interesting case law being developed in area in various circuits. See Glik and ACLU attached from the 1st and 7th Circuits and cases cited therein.
I learned something from the ACLU document and that is the concept of a 'pre-enforcement suit'.
Briefly, I want to do an activity that I believe is constitutionally protected but there is this statute that seems to prohibit it and because of this I' now asking the court to give me a ruling on this by the way of injunction to prevent state from enforcing the prohibited activity. I do this via a 'pre-enforcement suit'.
This is an interesting concept and I wonder why we don't use this to test some of Marylands new anti-2a laws?
In regards to the first amended, it seems someone could 'fly the flag' and file a similar lawsuit in the 4th district to challenge/clarify the Maryland wiretap law using the exact line of reasoning as the ACLU.