Candidate’s Right to Exercise Political Speech Violated
MCLU Challenges Overbroad Statute in Cumberland Co. Superior Court

FOR IMMEDIATE RELEASE
Friday, March 2, 2007

PORTLAND—On Monday, the MCLU will argue in Cumberland County Superior Court that a Maine law restricting political speech is unconstitutional.  In 2006, Michael Mowles, a candidate for the Maine House of Representatives was harmed by this law, as his credibility as a candidate was criticized by the Maine Commission of Governmental Ethics and Election Practices.  MCLU Foundation cooperating attorney David A. Lourie filed an administrative appeal and constitutional challenge last July.  Superior Court Justice Robert Crowley will hear arguments on that case at 1:30 pm, at the Cumberland County Courthouse in Portland. 

Mowles, a Town Councilor in Cape Elizabeth became the subject of harmful scrutiny during his bid for the Republican primary nomination for State Representative after the Election Commission publicly criticized his campaign literature.  Claiming that Mowles did not have the proper written authorization for a campaign endorsement, the Commission found him guilty of using misleading campaign material, in violation of 21-A M.R.S.A. §1014-A.  The MCLU disputes the state’s role in regulating such speech.

“Our elections system is based upon a free marketplace of ideas,” said David A. Lourie, MCLU volunteer attorney for the plaintiff, “The decision about whether a politicians’ speech is foolish, inappropriate, or misleading rests with the voters, not the government.”

Mowles’s 2004 candidacy for Maine House of Representatives was endorsed by U.S. Senators Snowe and Collins.  In his 2006 run for the same office, he distributed leaflets that included quotations from the previous election’s Senatorial endorsements, each with the attribution “October 2004” printed after it.  His opponent in the 2006 Republican primary, Jennifer Duddy, filed a complaint with the Commission alleging that Mowles circulated a misleading leaflet.  The decision of the Commission was widely reported in local papers, and Mowles lost to Duddy in the primary.

“The commission is on shaky ground here,” said Zachary Heiden, Staff Attorney for the MCLU Foundation.  “The First Amendment makes it clear that the government should not be in the business of regulating speech.”  Heiden will be arguing on Mr. Mowles’ behalf on Monday.

“The government doesn’t have the right to control political speech,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union, “Mr. Mowles was making use of comments already in the public sphere.  It’s up to the people, not his opponent and not the government, to decide whether or not that’s appropriate.” 

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