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University of Richmond

Richmond Journal of Law & Technology

Journal

2010

American Civil Liberties Union

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Near Impossible To Enforce At Best, Unconstitutional At Worst: The Consequences Of Maryland’S Text Messaging Ban On Drivers, Alan Lazerow Jan 2010

Near Impossible To Enforce At Best, Unconstitutional At Worst: The Consequences Of Maryland’S Text Messaging Ban On Drivers, Alan Lazerow

Richmond Journal of Law & Technology

A local newspaper reports that your state recently passed a law prohibiting citizens from “writ[ing] or send[ing] a text message while operating a motor vehicle.” Armed with the knowledge of the texting ban, you, being a reasonable citizen, are likely to proceed in one of at least three ways, each of which exposes the statute’s fundamental flaws.