Rep. Andy Harris, R-Maryland, threatened a student journalist with prosecution on Oct. 13 after she recorded him during a media gaggle following a contentious debate, according to video of the exchange.
In the video, Harris tells a University of Maryland student reporter, who was part of a media gaggle in Cambridge, Maryland, that she did not have permission to record him while she tries to ask questions.
"You do not have my permission to record. If you record, we will refer you to the prosecutor," Harris said. The student 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 said, appearing to reference Maryland's Wiretapping and Electronic Surveillance Act.
According
to theMaryland General Assembly, the law generally prohibits recording private conversations without the consent of all parties. But, in comments to local news station 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.
The student 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."
USA TODAY reached out to Harris' office for comment.
What happened?
The confrontation came after a tense debate between Harris andDemocratic challenger Dan Schwartz, during which audience members repeatedly challenged the congressman 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.
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.
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: Republican congressman threatens student reporter over recording
