Moving to protect free political speech in Maine, the Institute for Free Speech filed an amicus brief in Central Maine Power Company, et al. v. Maine Commission on Governmental Ethics and Election Practices, et al. The brief urges the U.S. Court of Appeals for the First Circuit to affirm the district court’s preliminary injunction against Maine’s so-called “foreign money” speech prohibition.
The challenged law bans political spending by entities deemed “foreign government-influenced,” which Maine defines to include American companies with minimal foreign government ownership or participation.
Specifically, the law defines a company as “foreign government-influenced” if a foreign government directly or indirectly owns as little as 5% of the company’s shares or if a foreign government-owned entity “directly or indirectly participates in the decision-making process” related to political spending, regardless of ownership level.
The brief mounts multiple arguments against the law, arguing that its definition of “foreign influence” is misleading and overly broad, that it contradicts Supreme Court precedent set in Citizens United v. FEC, and that its provisions make it difficult to apply and administer.
“Maine cannot trample First Amendment rights merely by smearing American corporations with a false ‘foreign-government influenced’ label,” explains the brief.
To read the amicus brief in Central Maine Power Company, et al. v. Maine Commission on Governmental Ethics and Election Practices, et al., click here. To read our full press release, click here. To listen to the oral argument, click here.
