The Maine Wire
  • News
  • Commentary
  • Maine Wire TV
  • Podcasts
  • About
  • Contact
Facebook Twitter Instagram
Trending News
  • Bar Harbor Town Council Unanimously Dissolves Cruise Ship Committee
  • Who is Hansjörg Wyss, the Swiss National Bankrolling Progressive Media and Politics in Maine?
  • Another One: False Report of Armed Student on Private School Campus Sends Neighboring Public Schools into Lockdown Tuesday Morning
  • Biden DHS Secretary Appoints Ex-Intel Officials Who Lied About Hunter Biden’s ‘Laptop from hell’ to New DHS ‘Experts Group’
  • Susan Collins Jokes That She Plans to ‘Wear a Bikini’ to DC as Senate Relaxes Dress Code for Stroked-out Fetterman
  • The Road to Manhood: V. Paul Reynolds
  • Parents Push Back Against Pornographic Books in Libraries at Chaotic Maine School Board Meeting
  • EcoMaine, State Experts Still Can’t Say How Pink Plumes of Iodine Filled Portland’s Sky: Never-Before-Seen Emails
Facebook Twitter Instagram
The Maine Wire
Login
Thursday, September 21
  • News
  • Commentary
  • Maine Wire TV
  • Podcasts
  • About
  • Contact
The Maine Wire
Home » News » Federal Judge: Maine Municipal Association's PAC Activities "Orwellian"
News

Federal Judge: Maine Municipal Association's PAC Activities "Orwellian"

Steve RobinsonBy Steve RobinsonFebruary 15, 20134 Comments3 Mins Read
Facebook Twitter Email LinkedIn Reddit
Share
Facebook Twitter LinkedIn Email
Print Friendly, PDF & Email

BB is watching you
By S.E. Robinson

U.S. District Court Judge John Woodcock Thursday invoked George Orwell’s dystopian novel Nineteen Eighty-Four in a decision analyzing Maine Municipal Association’s (MMA) involvement in several ballot initiatives over the past decade.

“There is… a certain Orwellian aspect to the vision of government-sponsored speech drowning out the voices of ordinary citizens and in so doing assuring the continued sustenance and primacy of government itself,” wrote Judge Woodcock in a 56-page decision which ultimately dismissed First Amendment claims levied against MMA.

“As a matter of policy, there is something intuitively odd about the government taxing tax protesters and others to defeat citizen efforts to control taxes,” wrote Woodcock.

The lawsuit against MMA was filed in June of 2010 by the MHPC’s Center for Constitutional Government (CCG) on behalf of three individual plaintiffs and Cyr Plantation.

Among other claims, the complaint alleged MMA had violated the Free Speech Clause of the First Amendment to the U.S. Constitution when it engaged in taxpayer-subsidized political activities involving five ballot measures from 2002 to 2009.

The initiatives were: (1) the 55% School Funding Initiative (2002-2004), (2) the Palesky tax reduction initiative (2004), (3) TABOR I (2006), (4) TABOR II (2009) and (5) the Auto Excise Tax initiative (2009).  In each case, the MMA actively organized and funded in part the campaigns in support or opposition. The MMA’s total expenditures (monetary and in-kind) from 2002-2009 totaled nearly $2 million dollars.

While MMA’s spokesman Eric Conrad has called the ruling a victory – and the local newspapers have portrayed it as such – Woodcock emphasized that his narrow ruling in no way endorsed MMA’s unusual political activities or invalidated all of the plaintiffs’ claims.

“The Court’s conclusion that the government speech doctrine applies does not mean that the Plaintiffs have no good claims against MMA, nor does it mean that the Court endorses or does not endorse MMA’s advocacy activities as a matter of policy,” wrote Woodcock.

Multiple calls placed to Conrad were not returned.

“Although he ruled against the plaintiffs’ First Amendment Free Speech claims, Judge Woodcock invited the plaintiffs to notify him of further aspects of the First Amendment case that should be briefed,” said CCG Director and attorney David Crocker.

“The plaintiffs will take the Judge’s extraordinary invitation seriously as well as his invitation to argue their case in the court of public opinion,” said Crocker, who is representing the plaintiffs in the case.

Details related to the case can be found at The Maine Wire’s “MMA Files” webpage.

Woodcock’s entire decision can be read below:

2013-02-14 Order on MMA MSJ

 

First Amendment MMA
Previous ArticleDemocrats Push Changes to GOP Health Care Insurance Reform
Next Article Heritage Foundation: Nation's Debt Impedes Growth
Steve Robinson
  • Twitter

Steve Robinson is the Editor-in-Chief of The Maine Wire. ‪He can be reached by email at Robinson@TheMaineWire.com.

Related Posts

Bar Harbor Town Council Unanimously Dissolves Cruise Ship Committee

September 20, 2023

Who is Hansjörg Wyss, the Swiss National Bankrolling Progressive Media and Politics in Maine?

September 20, 2023

Another One: False Report of Armed Student on Private School Campus Sends Neighboring Public Schools into Lockdown Tuesday Morning

September 20, 2023

4 Comments

  1. Amy Fried on February 15, 2013 6:47 PM

    “Arguing in the court of public opinion” is boilerplate in government speech cases. Here’s a law review article on the concept: http://www.law.suffolk.edu/highlights/stuorgs/lawreview/Volume_44/upload/GrahamNote.pdf.

  2. Amy Fried on February 16, 2013 6:47 AM

    Actually, in explaining why he ruled against MHPC, the judge says the MMA’s activities were not Orweillian. This is done by having one sentence say you presented an Orweillian vision and then having another saying what actually happened wasn’t Orweillian. Here’s the paragraph where he lays that out: “There is also a certain Orwellian aspect to the vision of government-sponsored speech drowning out the voices of ordinary citizens and in so doing assuring the continued sustenance and primacy of government itself. See GEORGE ORWELL, NINETEEN EIGHTY-FOUR (1949). But here the Plaintiffs have not made the case, if it could be made, that government speech so dominated the debate that the views of others, including the Plaintiffs, were eclipsed.”

    In government speech cases, government entities can speak as long as they don’t dominate. The judge is saying you didn’t. You were a participant in the marketplace of ideas and your positions were rejected the voters. “Arguing in the court of public opinion” is boilerplate in government speech cases. Here’s a law review article on the concept: http://www.law.suffolk.edu/highlights/stuorgs/lawreview/Volume_44/upload/GrahamNote.pdf. And if you want a copy of the decision that’s readable, you can find it here: http://www.leagle.com/xmlResult.aspx?xmldoc=In+FDCO+20130214F52.XML&docbase=CsLwAr3-2007-Curr.

  3. Janet Jamison on February 16, 2013 10:17 AM

    Crickey, could you have spun this any harder? Many of you folks seem to think free speech belongs only to the GOP or corporate America…

  4. zoritoler imol on May 27, 2023 10:22 PM

    Hi my friend! I want to say that this article is awesome, nice written and include almost all important infos. I’d like to see more posts like this.

Leave A Reply

Recent News

Bar Harbor Town Council Unanimously Dissolves Cruise Ship Committee

September 20, 2023

Another One: False Report of Armed Student on Private School Campus Sends Neighboring Public Schools into Lockdown Tuesday Morning

September 20, 2023

Biden DHS Secretary Appoints Ex-Intel Officials Who Lied About Hunter Biden’s ‘Laptop from hell’ to New DHS ‘Experts Group’

September 20, 2023

Susan Collins Jokes That She Plans to ‘Wear a Bikini’ to DC as Senate Relaxes Dress Code for Stroked-out Fetterman

September 20, 2023

Parents Push Back Against Pornographic Books in Libraries at Chaotic Maine School Board Meeting

September 19, 2023
Newsletter

News

  • News
  • Campaigns & Elections
  • Opinion & Commentary
  • Media Watch
  • Education
  • Media

Maine Wire

  • About the Maine Wire
  • Advertising
  • Contact Us
  • Submit Commentary
  • Complaints
  • Maine Policy Institute

Resources

  • Maine Legislature
  • Legislation Finder
  • Get the Newsletter
  • Maine Wire TV

Facebook Twitter Instagram Steam RSS
  • Post Office Box 7829, Portland, Maine 04112

Type above and press Enter to search. Press Esc to cancel.

Sign In or Register

Welcome Back!

Login below or Register Now.

Lost password?

Register Now!

Already registered? Login.

A password will be e-mailed to you.