State lawmakers weighed a proposal to expand Maryland?s do-not-call list to include automated phone calls from political candidates ? including arguments that the measure could violate free speech rights.
“They were a novelty and they became routine ? a very persuasive routine,” said Del. Dan Morhaim, D-District 11, referring to the so-called “robo-calls” in the weeks preceding November?s election. “Just because you have a phone doesn?t mean you should be disturbed five, six, eight times a night for several weeks before an election.”
The House of Delegates committee considered Thursday the merits of allowing homeowners to opt out of the robo-calls.
But some agencies, including the American Civil Liberties Union, questioned the constitutionality of the measure and even Attorney General Doug Gansler expressed hesitation.
He submitted a letter suggesting the committee expand the restrictions to all unauthorized calls, or, he warned, they might risk legal challenge.
“I like the bill, and I like the concept of it,” said Del. Richard Impallaria, R-District 7. “But do we pass the bill now, then determine if it?s legal, or do we determine that first?”
One Harford County resident got so fed up with calls to his home, he sued several Republican candidates and organizations, including former Gov. Robert Ehrlich, alleging they violated a state law requiring all prerecorded phone calls to include a name and callback number.
Federal Communications Commission rules also require a caller to identify the entity on whose behalf the call is being made.
The proposal establishes a fine up to $1,000 for first-time violations and up to $5,000 for subsequent offense.
A matching bill in the state Senate is scheduled for a hearing Tuesday.
If passed, Maryland would join eight states that include robo-calls on voluntary do-not-call lists.
