ARTICLE
14 January 2019

Judge Blocks Enforcement Of Some Aspects Of Maryland's Online Political Advertising Law

FK
Frankfurt Kurnit Klein & Selz

Contributor

Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Maryland's Online Electioneering and Accountability Act expanded the state's existing campaign finance laws to require online platforms to publish and retain information concerning political
United States Media, Telecoms, IT, Entertainment

Maryland's Online Electioneering and Accountability Act expanded the state's existing campaign finance laws to require online platforms to publish and retain information concerning political advertising that appears on their sites.  Shortly after the law was enacted, a coalition of Maryland and Washington, D.C.- based newspapers and press associations brought suit, seeking to enjoin the enforcement of those provisions.  The plaintiffs argued that these provisions of the Act violated the First Amendment.   

The provisions at issue also required platforms to make information about their political advertisers -- such as the advertiser's identity and the amount spent -- available to the Maryland State Board of Elections upon request.  

The United States District Court for the District of Maryland enjoined the enforcement of these provisions of the Act.  While acknowledging that the state had compelling interests in passing the law (including preventing meddling in state elections, deterring corruption and information about the source of political advertising), the Court held that the Act's provisions were not narrowly tailored to promote these purposes.  In particular, Judge Grimm held that Maryland's campaign finance laws already require reports from individuals making expenditures on political ads, making it unnecessary to impose redundant publication requirements on online platforms.  Judge Grimm also found that Maryland could impose obligations directly on purchasers of online advertisements as opposed to the online platforms themselves.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More