Hey JB, this Statute is Facially Unconstitutional, and Coincidentally, So is Your Face

Word on the street is that Vice is taking on the Attorney General. That's right, working as a clerk on a case involving criminal defamation, Vice has laid down the gauntlet, challening the criminal defamation statute as both facially unconstitutional, and unconstitutional as applied to his client. Take that, AG-elect Van Hollen!

(In my best Outkast falsetto) "I - am - for - reeeeeal!" Any time you challenge a state statute as unconstitutional, as a courtesy, you have to send a copy of the motion to the AG's office, and they can decide whether or not they want to step in on the litigation. My boss got a call from the DA on the case yesterday, saying the AG's office wants in. Apparently, this is the first time in 20 years they've intervened in a misdemeanor case. Someone there read my brief, and told the DA that there were considerable issues raised worth addressing.

In all honesty, the statute as written is probably unconstitutional. It fails to provide some necessary exceptions to statements made about public figures and public affairs, which is an area that can't be subject to much limitation without infringing on free speech, since the ability of all citizens to criticize public officials and their affairs is fundamental to a liberal democracy. So unless the courts decide to (a) judicially narrow the statute to comport with the first amendment, which they really shouldn't do, or (b) read in the required components into some vague statutory language which would directly contradict what the statute says, then the statute should fall. And it's pretty damn exciting to me. My boss even offered to let me do the oral arguments. Which, legally I can't, and that would be downright frightening. Still, the thought of standing up there, going Walter Dickey-style on the court....goddamn!

Of course, the DA could decide to dismiss the defamation charge, and put our guy away on all the other charges they've got him nailed on. But for now, the charges stand, and the AG's office requested an oral arguments schedule and 45 days to respond to my motion. It's probably going to take months for anything to happen on this, so hopefully I'll still be working here when the dust settles. 'Til then.....put 'em up, JB. I've got your unconstitutional motion right here.