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JOSEPH H. MUNSON CO. v. SEC. OF STATE

No. 925, September Term, 1980.

48 Md. App. 273 (1981)

426 A.2d 985

JOSEPH H. MUNSON COMPANY, INC. v. SECRETARY OF STATE FOR THE STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Mark A. Winkler, with whom was Yale L. Goldberg on the brief, for appellant.

James G. Klair, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MORTON and MOORE, JJ.

GILBERT, C.J., delivered the opinion of the Court.

Sometimes a government, in its zeal to protect the governed, enacts laws that trespass unnecessarily upon the constitutional rights of some of the governed. It is extremely difficult in regulating any practice, custom, business, or industry not to trample, to a degree, upon the constitutional rights of someone. Governmental intrusion upon the constitutional rights of one group for the protection of a larger group...

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