MAB Joins MPA To Fight Censorship

Maine Media Associations File Suit Challenging New Law Imposing
Unconstitutional Burdens on Local News Outlets
Maine Association of Broadcasters and Maine Press Association are specifically challenging a new law
imposing unprecedented and unconstitutional burdens on nearly 200 Maine newspapers, digital news
outlets, and radio and TV stations.
PORTLAND, ME—Maine’s leading media associations filed a lawsuit today in federal court in Portland
against the “due diligence” provision of Question 2 that targets news outlets for publishing or
broadcasting political speech. The Maine Association of Broadcasters (MAB) and Maine Press
Association (MPA) are asking the Court to protect Maine news outlets from unconstitutional intrusion
on their freedom of speech and freedom of the press guaranteed by the First Amendment. MAB
represents over 130 television and radio stations in Maine. MPA represents 48 newspapers and digital
news outlets across the State.
In question are novel due diligence provisions of An Act to Prohibit Campaign Spending by Foreign
Governments and Promote an Anticorruption Amendment to the United States Constitution, directing
news outlets to establish “due diligence policies, procedures, and controls” to prevent the distribution
of certain types of political speech by “foreign government-influenced entities.” The Act’s threshold for
“foreign government influence” over an entity is just five percent ownership or control. There is no list
identifying entities that are banned from engaging in paid political speech in Maine under this standard,
but if a news outlet discovers that an entity is prohibited from engaging in political advertising the
entity’s advertisements must immediately be censored. Even if a violation is inadvertent, the Act
threatens news outlets with fines of up to $5,000 or double the amount spent on political advertising,
whichever is greater.
As explained by Tim Moore, President of Maine Association of Broadcasters, “We believe this
impending law violates the First Amendment and will have the effect of silencing points of view. For
example, had it been in effect just a month ago, only one side of the campaign to take over the state’s
electric utilities would have been heard, because opposing messages would have been illegal for
broadcasters to air. Because Mainers heard both sides, they were able to make an informed choice.
Besides, being mostly small businesses, broadcasters cannot possibly uncover the ownership structure
of potential advertisers. We are not the state’s detective agency.”
In the words of the Board of Directors of the Maine Press Association, “Because [the Act] makes it
difficult if not impossible for newspapers to continue to accept political advertising, it will result in a
significant chilling effect on the freedom of the press, and therefore runs afoul of the First Amendment.
It impairs the ability of newspapers to serve the public as a vibrant resource for the exchange of ideas,
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and to provide voters with information they need to cast their ballots and participate in their selfgovernance. MPA believes that Section 7 [of the Act] unconstitutionally restricts and burdens speech
about public issues. Newspapers are struggling enterprises and are in no position to take responsibility
for enforcing this vaguely worded and unreasonably burdensome statute.”
“The Act imposes a censorship mandate on Maine’s news outlets. It is content-based regulation of
political speech and is therefore subject to the highest level of constitutional scrutiny under the First
Amendment,” said Sigmund Schutz, attorney for MAB and MPA. “If news outlets are forced to
investigate political advertisers and take down their ads, what other content and messaging will they be
forced to investigate and remove next? Paid political advertising is entitled to First Amendment
protections just like other editorial content. Imposing onerous investigative and law enforcement
obligations on news outlets and requiring that they censor prospective political advertisers abridges the
freedom of speech and the freedom of press.”
The Act was introduced as legislation (LD 1610) in the Maine Legislature in 2023, but was vetoed by
Governor Janet Mills, who wrote in her veto letter that the Act “runs afoul of the First Amendment and
is counter to the longstanding tradition and cornerstone of a free press in America.” The Legislature
upheld her veto, but the measure then went on the ballot as Question 2 in a statewide referendum. The
referendum passed, but the question on the ballot gave no indication to Maine voters of the burdens
the Act places on Maine news outlets, or the First Amendment ramifications