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Maryland Court of Appeals: First Amendment forbids restrictions on commercial fortunetelling

By ADF Alliance Alert

How Appealing reports on and links to the decision in Nefedro v. Montgomery Co, MD, No. 84. Excerpt: The petitioner in this case, Nick Nefedro, wishes to open a fortunetelling business in Montgomery County. Montgomery County, however, has an ordinance (?the FortunetellingOrdinance?) that prohibits the acceptance of remuneration for fortunetelling. Nefedro has asked us to determine whether the Fortunetelling Ordinance violates his right to freedom of speech under the First Amendment to the United States Constitution and Article 40 of the Maryland Declaration of Rights. Montgomery County argues that the Ordinance does not implicate those constitutional provisions or, in the alternative, that it is consistent with the federal and state constitutions. After reviewing the facts of the case and the relevant sources of law, we shall agree with Nefedro.

Full post as published by Constitutionally Correct on June 10, 2010 (boomark / email).