Lawsuits Challenge News Censorship and Free Speech Violations
The state of Maine is facing a series of lawsuits in response to a new law set to take effect on January 5th. The Maine Association of Broadcasters and Maine Press Association argue that the law imposes a censorship mandate on news outlets, forcing them to monitor campaign ads to ensure no foreign government influence. At the same time, Central Maine Power and Versant, the state’s largest electric utilities, have filed separate lawsuits claiming that the law violates their rights to free speech and engagement on issues affecting them.
Maine Commission on Government Ethics and Campaign Practices Investigates
The Maine Commission on Government Ethics and Campaign Practices is currently studying the federal complaints that were filed earlier this week. Jonathan Wayne, the executive director of the commission, stated that they are consulting with the attorney general regarding the lawsuits. The attorney general’s office has chosen not to comment on the matter.
Senator Bennett Speaks Out
State Sen. Rick Bennett, who spearheaded the effort to put the proposal on the ballot, expressed his disappointment with the lawsuits. He stated, “This is something that Mainers are united about. Their voices are being drowned out by these people who are bringing the lawsuits.” The proposal, which received overwhelming support from voters with an 86% to 14% margin, aims to prohibit foreign governments and companies with significant foreign government ownership from donating to state referendum races.
Implications for Maine-based Utilities
While the law primarily targets foreign governments, it also affects Maine-based utilities. Versant, owned by the city of Calgary in Alberta, Canada, falls under the law’s jurisdiction. Additionally, foreign governments have stakes in Central Maine Power. The law narrowly exempts CMP’s corporate parent, Avangrid, as it is owned by a Spanish company. However, Avangrid has minority shareholders linked to foreign governments, leading CMP to argue that the law is unconstitutionally vague.
Controversy Surrounding the Law
Before the proposal was placed on the ballot, Democratic Gov. Janet Mills vetoed it due to concerns about its constitutionality and potential silencing of “legitimate voices, including Maine-based businesses.” Federal election law currently prohibits foreign entities from spending on candidate elections but allows such donations for local and state ballot measures. Maine became the 10th state to close this spending loophole with the approval of the referendum, according to the Campaign Legal Center.
State Senator Bennett highlighted the irony of Versant suing for a right it does not have in Canada, where it is completely illegal for foreign individuals or corporations to be involved in elections. Despite the legal challenges faced by other states with similar laws, Bennett believes that Maine’s law is fair and necessary.
