Stupid.

"ACORN filed suit today in Maryland against conservative filmmakers James O’Keefe, Hannah Giles and conservative Web site Breitbart.com for secretly taping the organization’s employees at its Baltimore office. In the complaint, ACORN alleges that the filmmakers entered into the organization’s offices in July with a “hidden camera and microphone” and taped employees Tonja Thompson and Shera Williams. Both employees are listed as plaintiffs on the complaint, filed in the Circuit Court for Baltimore City. The crux of the lawsuit centers around a Maryland law which makes it illegal to tape someone without their consent – ACORN is alleging O’Keefe and Giles did so. ACORN is asking for $500,000 in damages to be awarded to each of the employees filmed by O'Keefe and Giles, and ACORN itself wants $1 million in damages."
You'll remember back in the 90s Food Lion sued ABC news over a report and won 5 million dollars, but it was later reduced to two bucks. In other words it was laughed out of court

In any case a civil suit will have no real standing with someone first filing a criminal complaint. The Baltimore City State's Attorney's Office was saying last week that it might make such charges. If the State of Maryland wants to charge the filmakers have at it, but it's unlikely to succeed if they do. Linda Tripp of Clinton fame was charged with the same law for tapping her conversations with Monica Lewinsky, but the case didn't go forward. Reason? The law is murky.

 Fact is that it doesn't apply in this case.
Maryland law states the following verbatim: Unlawful acts. -- Except as otherwise provided in this subtitle it is unlawful for any person to: (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or (3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle. Cts. & Jud. Proc. §10-402(a)(1)-(a)(3). (emphasis added) Nowhere in the law are the words "tape" or "record" ever used.
This is nothing more than a hissy fit by an organization full of corruption and scandal. This move and the resulting discovery will only further cement that fact in the minds of the American people. Michelle Malkin: "Shoot the messenger. Sue the messenger: It’s the ACORN way." Exactly.

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