Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
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Is Maryland's old law making it a crime to be paid for joining a 'racial demonstration' still valid?
No. The Attorney General concluded that a court would likely hold Article 49B, § 6, a 1964 statute making it a crime to receive any remuneration for participating in a 'racial demonstration,' unconsti…
Can you be prosecuted in Maryland for burning or defacing a flag, or is it protected free speech?
The Attorney General concluded in 1990 that Maryland's newly revised flag law, Article 27, §83, was constitutional even after the U.S. Supreme Court struck down the federal flag-burning ban in United …
Can a public university have a privately funded kosher dining hall without violating the separation of church and state?
The Attorney General concluded in 1990 that a privately funded kosher kitchen in leased dining space at Towson State University would not violate the Establishment Clause of the First Amendment. The k…
Could the University of Maryland discipline a student for something that happened off campus, like a fraternity house incident?
In a 1989 opinion, Maryland's Attorney General concluded that a public university like the University of Maryland College Park could discipline a student for off-campus misconduct detrimental to the i…
Can a city ban loitering in public places without violating the First Amendment?
In a 1988 opinion, Maryland's Attorney General concluded that Cambridge's loitering ordinance could be applied without violating the Constitution, but only if police read each of its four prohibitions…
Can a Maryland public school district let students from private religious schools use a public science center?
In a 1988 opinion, Maryland's Attorney General concluded that Prince George's County's Board of Education could constitutionally open the Howard B. Owens Science Center, including its pre- and post-vi…
Does charging sales tax on the paper and ink used to print a free community newspaper violate freedom of the press?
In this 1987 opinion, the Attorney General concluded that Maryland's retail sales tax, which taxes the materials used to produce free publications while taxing the final sale price of publications sol…
Can a nonprofit that receives Maryland state grant money publish a report rating legislators' votes on an unrelated policy issue?
In this 1987 opinion, the Attorney General concluded that Planned Parenthood of Maryland's publication of a report rating legislators' votes on Medicaid abortion funding did not misuse its state famil…
Which of Maryland's 1985 restrictions on dentist advertising, like bans on guarantees, painless-treatment claims, and displaying dental appliances, actually held up under the First Amendment?
In this 1985 opinion, applying Supreme Court commercial-speech cases from Virginia Pharmacy through Zauderer, the Maryland Attorney General concluded that dental advertising rules banning deceptive cl…
Did a critical newspaper ad about a congressman have to include Maryland's campaign disclosure 'authority line' if it never mentioned the election?
In this 1984 opinion, the Maryland Attorney General concluded that Maryland's campaign-literature 'authority line' disclosure requirement did not apply to an independently published newspaper ad criti…
Can Maryland restrict its own legislative staff from campaigning or donating to political campaigns more strictly than other state employees?
In this 1984 opinion, the Maryland Attorney General concluded that a rule banning legislative staff from partisan and nonpartisan campaign activity and candidacy was constitutional on its face and as …
Can Maryland pass a law letting people picket, petition, or hand out flyers inside private shopping malls?
In this 1983 opinion, the Maryland Attorney General concluded that although the First Amendment itself does not give individuals a right to picket or petition on privately owned shopping center proper…
Could Maryland pass a hate crime law adding extra punishment for crimes motivated by racial, religious, or ethnic bias without violating the First Amendment?
In this 1983 opinion, the Maryland Attorney General concluded that a proposed bill imposing extra criminal penalties for otherwise-criminal acts committed because of a victim's race, religion, or nati…
Could Maryland cap how much people or corporations give to committees supporting or opposing a ballot question?
In this 1982 opinion, the Maryland Attorney General concluded that Article 33's $2,500 limit on contributions to committees formed to support or defeat a ballot question was unconstitutional, because …
Can a public high school officially recognize a Christian student club, like the Fellowship of Christian Athletes, as a school organization?
In this 1982 opinion, the Maryland Attorney General concluded that while a public high school could let a religious student club use school facilities after hours like any other community group, grant…
Could Maryland make it a crime to publish material that defames a whole racial or religious group, like Nazi or Klan hate literature?
In this 1982 opinion, the Maryland Attorney General concluded that House Bill 1018, which would have made it a crime to knowingly and maliciously distribute written material that defamed the members o…
Could Maryland have required every public school student to pray, read the Bible, or meditate each morning?
In this 1982 opinion, the Maryland Attorney General concluded that Senate Bill 2, which would have required every public school student to affirmatively choose to pray, read the Holy Scripture, or med…
Could Maryland have required public schools to give equal classroom time to creation-science and evolution?
In this 1982 opinion, the Maryland Attorney General concluded that House Bill 1078, which would have required public schools to give creation-science and evolution-science equal time, equal textbook p…
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Attorney general opinions in Maryland are written by the Maryland Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.