Laura Loomer attacks Christina Pushaw using Rebekah Jones’ false allegations
Let’s start with something basic. Ms. Pushaw is right. She has no record. If you go right now to the Maryland Judiciary Case Search website and search for all cases involving a person with the last name of ‘Pushaw’ you will see this:
That’s right, nothing. But the full story is a little more complicated.
To back up a little bit, Maryland has a terrible set of harassment statutes that is routinely read as applying to expression that is protected under the Constitution. We believe it is only a matter of time before they are struck down by the Supreme Court. To pick out one example, Md. Code Crim. L. § 3-803 prohibits harassment, defined in part as ‘a course of conduct that alarms or seriously annoys the other.’ There several other parts to the statute (with separate problems under the Constitution), but let’s focus on that.
In Coates v. Cincinnati, 402 U.S. 611 (1971), the Supreme Court confronted a statute that made it a crime for ‘three or more persons to assemble . . . on any of the sidewalks . . . and there conduct themselves in a manner annoying to persons passing by . . . .’ The Supreme Court said that the term ‘annoying’ was so vague it violated the Fifth Amendment (which guarantees due process) because it gave the potential criminal no effective notice of what is criminal:
Conduct that annoys some people does not annoy others. Thus, the ordinance is vague, not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all. As a result, ‘men of common intelligence must necessarily guess at its meaning.’
(Citation removed.) The idea is that a person should be able to open the statute books and have half a chance of figuring out what the law says for themselves—and if they don’t have such a chance, it violates the Fifth Amendment.