Auburn Police Union v. Carpenter

MEMORANDUM OF DECISION

HORNBY, District Judge.

This case addresses the constitutionality, under the First and Fourteenth Amendments, of a Maine statute prohibiting fund-raising that tangibly benefits law enforcement activities. 1 The statute can be enforced by injunctive relief and civil penalties. I conclude that the injunctive relief amounts to an unconstitutional prior restraint but that otherwise the statute is constitutional. Consequently, I accept in part and reject in part the decision of the United States Magistrate Judge. 2

I. Procedural Background

In 1977, the Maine Legislature…