Legal Opinion
Baker v. Charles
District Court, D. Maine
Decided February 16, 1996No. Civil 95-183-P-HPublishedCited by 7 opinions
1Opinion of the Court
ORDER ON THE DEFENDANT CHARLES’S MOTION FOR SUMMARY JUDGMENT
HORNBY, District Judge.
This case probes the extent of First Amendment and common law protection for a private citizen who petitions a state administrative agency on a subject within its jurisdiction. Surprisingly, the protection turns out to be not very broad. Examination of United States Supreme Court caselaw and Maine Law Court caselaw leads me to the conclusion that if a private figure plaintiff who claims to be defamed by a First Amendment petition can show that the defamer was motivated by ill will, then statements that are…
2Cases cited22 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
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3Cited by7 opinions
- Galarneau v. Merrill Lynch, Pierce, Fenner & Smith Inc.Court of Appeals for the First Circuit · 2007
- Truman v. BrowneSupreme Judicial Court of Maine · 2001
- Smith v. Heritage Salmon, Inc.District Court, D. Maine · 2002
- Seth T. Carey v. Board of Overseers of the BarSupreme Judicial Court of Maine · 2018
- Neal L. Weinstein v. Old Orchard Beach Family Dentistry, LLCSupreme Judicial Court of Maine · 2022
2 more not listed; retrieve them via the Exa API.