Social Media is creeping into the lawmaking process in Maryland.  SB 175 and SB 107, sponsored by Sen. Jamie Raskin and Sen. James Brochin, respectively, are a hot topic in Annapolis recently.  The proposed bills attempt to bring Maryland law up-to-date with social media communication.  They incorporate communications intended to “terrify, intimidate or harass another person” or place another person in reasonable fear of injury to person or property into the Criminal Code of Maryland.

The bills are not aimed at punishing electronic messages issued publicly, but rather a direct message to a person.  As Senator Raskin stated, “You cross a criminal line when you take that message directly to that person through telephone, email or texts.”  Both bills would make a violation of the respective provisions a misdemeanor.

Interestingly, some public interest groups have criticized the bills for being unconstitutionally vague.  Which begs the question, does such a bill prohibit one from posting a derogatory statement on another’s Facebook Wall for all to see?