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EANES v. STATE

No. 1, September Term, 1989.

318 Md. 436 (1990)

569 A.2d 604

JERRY WAYNE EANES v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 8, 1990.

Attorney(s) appearing for the Case

David A. French (The Rutherford Institute of Manassas, Virginia, Craig L. Silver, Campen & Silver, P.C., Gaithersburg), on brief, for petitioner.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued Before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

ADKINS, Judge.

Section 121 of Article 27 (1987 Repl.Vol.) makes it unlawful for anyone to "wilfully disturb any neighborhood in [any Maryland] city, town or county by loud and unseemly noises...." In the case before us, we must decide whether this proscription is constitutional when used by the State to limit the volume level of speech protected by the first amendment to the United States Constitution.1 Before addressing this issue, however...

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