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Justices deny free-speech challenge to Baltimore's billboard tax

Opinion | Montgomery County's rain-tax collectors would rather litigate than clean up the Chesapeake Bay

Opinion | Montgomery County's rain-tax collectors would rather litigate than clean up the Chesapeake Bay
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LAFAYETTE PHARMACEUTICALS INC., ET AL. v. COMPTROLLER OF MARYLAND

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Maryland Court of Appeals Rejects First Amendment Challenge to Local Tax on Outdoor Advertising Services | Pillsbury - SeeSalt Blog

On February 15, 2021, the Maryland Court of Appeals issued a decision in Clear Channel Outdoor, Inc. v. Director, Department of Finance of Baltimore City, Case No. 24-C-18-001778 (Md. 2021), upholding the constitutionality of a local ordinance that imposes an annual excise tax on businesses selling advertising space on off-site billboards.  The tax in question applies only to businesses own or control off-site billboards in the City of Baltimore i.e., billboards that are not located on the premises where the goods or services being advertised are offered for sale.    Clear Channel Outdoor, Inc. (Clear Channel) initiated a refund action in Maryland Tax Court on the grounds that the ordinance impermissibly regulated commercial speech in violation of the First Amendment and the Maryland Declaration of Rights Article 40.  Clear Channel argued that the tax is subject to heightened scrutiny under the U.S. and Maryland constitutions because it implicates freedom of speech protectio

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Top Maryland Court Backs Baltimore in Billboard Tax Spat

(Image courtesy of Clear Channel Outdoor via Courthouse News) BALTIMORE (CN)   Maryland’s highest court snuffed a legal battle Monday from Clear Channel, which painted Baltimore’s new tax ordinance on billboard advertising as an issue of free speech and freedom of the press. Judge Robert N. McDonald wrote the 6-1 lead opinion for the Maryland Court of Appeals, holding that the “power to tax is a necessary and essential power of government.” The dispute actually started almost a decade ago when Clear Channel filed suit in 2013 over the ordinance in federal court. That court sided with the city after finding it lacked jurisdiction over the matter. 

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