This year, the Maryland Republican Party could not find a candidate to run for Attorney General. This means that the incumbent, Doug Gansler has no opposition on the ballot in November. Unfortunately, this will leave him free to meddle in competitive races across Maryland.
Today, Politico reports the first salvo of the Gansler crusade to clean up elections. The ban on campaign materials that he deems is misleading. Right now, the ban only impacts Democratic candidates in Prince Georges County. However, this is just the first step. Gansler has set a dangerous precedent that will impact Republican candidates this fall.
I would not put it past Gansler’s office that he would seek another “emergency action” to ban fliers that support Bob Ehrlich or any other Republican nominee. Here is the magic quote from Gansler’s office: “The prior restraint doctrine comes into play only when you have a First Amendment right. The court here found you have no First Amendment right to commit fraud,” from Gansler aide Will Brockman.
Who decides what political speech constitutes fraud? Gansler, judges in counties or Baltimore City that are mostly Democratic, or a statewide ban by the Maryland Court of Appeals. The state Republican Party should challenge this ruling. Not only does it seriously damage any chance of victory in November. It also is a violation of the 1st Amendment of the Constitution.
We will see if the Ehrlich campaign and/or the Republican Party in Maryland will move to stop this clear abuse of power.
Faculty, Department of Political Science, Towson University. Graduate from Liberty University Seminary.