Rep. Andy Harris, R-Maryland, declined to apologize to the student journalist he threatened with prosecution after she recorded him during a media gaggle Oct. 13.
During a Fox45 In Depth interview Oct. 16, Harris told anchor Mikenzie Frost that the "bottom line is it's not very newsworthy that the liberal media badgers a conservative politician."
"If she called me and asked, I would tell her what bothered is that she didn't ask a question, she criticized the way I was conducting the news conference," Harris said when asked if he believes he owes the journalist an apology. "She's a journalism student. I think she should realize that's not really your purpose. I think we would talk it over."
In a video captured Oct. 13, Harris told University of
Maryland student reporter Cat Murphy, who was part of a media gaggle in Cambridge, Maryland, that she did not have permission to record him while she tried to ask questions.
"You do not have my permission to record. If you record, we will refer you to the prosecutor," Harris said. Murphy responded that others in the room were also recording the congressman. "But you are not allowed to. We are in a two-party state," Harris continued, appearing to reference Maryland's Wiretapping and Electronic Surveillance Act.
Per theMaryland General Assembly, the law generally prohibits recording private conversations without the consent of all parties. But in comments to CBS News Baltimore, attorney Jeremy Eldridge said the law did not apply to the Oct. 13 interaction as it took place in a public setting.
Murphy continued questioning Harris, asking about the ongoing Iran war.
"You’re gonna have to take her camera," Harris said. "She is violating the law. In fact, get an officer in here."
Harris has served as a U.S. representative for Maryland since 2011. USA TODAY reached out to Harris' office multiple times for comment.
In an interview with CNN this week, Murphy said the attention to the incident has "been a lot."
"I won't lie, it has been a lot," she said. "But I was focused on doing my job and asking my questions that I wanted answers to and I think I did that."
What happened?
The confrontation came after a debate between Harris and Democratic challenger Dan Schwartz, during which audience members repeatedly challenged Harris on rising fuel prices and the Iran war. During one exchange, a woman in the audience could be heard laughing as Harris discussed diesel prices.
"Let's get the facts straight. The facts are that diesel prices have gone up; there is no question about it. Why has it gone up? Because the Democrats have environmental regulations," Harris said.
Harris then turned his attention to the audience member.
“Ma'am, I gotta tell you. This is the problem, you all say you believe there is a First Amendment, but only if you agree with you,” Harris said. "You should let me finish the sentence, ma'am. You are rude. You're rude, OK?"
The exchange escalated as audience members challenged Harris throughout the event.
University, Society of Professional Journalists respond to incident
In a statement shared to social media Oct. 14, University of Maryland Philip Merrill College of Journalism Dean Rafael Lorente said he was proud of the student journalist for how she handed the difficult situation.
"Cat Murphy is a master's student at the University of Maryland, credentialed as a reporter for our Capital News Service and doing the job we teach our students to do. Cat recorded openly in a public space alongside other news outlets, and that is her legal right," Lorente said in his statement.
The Society of Professional Journalists said it was "deeply concerned" by Harris' threat to Murphy.
"Journalists must be able to do their jobs without intimidation or threats of prosecution for routine newsgathering," the organization said in a statement published Oct. 14. "We stand with student journalists who ask tough questions and document public officials in public settings, and urge elected officials to respect the role of a free press."
Can you legally record someone in Maryland?
Maryland is commonly referred to as an "all-party consent" state because state law generally requires everyone involved in a private conversation to consent before it is recorded.
But the law applies to private communications where participants have a reasonable expectation of privacy. Courts have generally found that conversations that take place in public settings, or in circumstances where there is no reasonable expectation of privacy, may be recorded.
It was not immediately clear whether the circumstances of the Oct. 13 media gaggle would be subject to the statute.
Greta Cross is a national trending reporter at USA TODAY. Story idea? Email her at gcross@usatoday.com.
Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Reach him at fernando.cervantes@usatodayco.com and follow him on X @fern_cerv_.
This article originally appeared on USA TODAY: Rep. Andy Harris declines to apologize to student journalist in Fox call
