Legal Opinion
Newton v. LePage
District Court, D. Maine
Decided April 22, 2011No. 1:11-cv-124PublishedCited by 4 opinions
1Opinion of the Court
ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER
JOHN A. WOODCOCK, JR., Chief Judge.
Under clear United States Supreme Court precedent, when the government speaks, it is not subject to the Free Speech Clause of the First Amendment. 1 This principle applies to elected state leaders; they have the right to decide what to say and what not to say, and by extension during their term in office, they are authorized to decide what the state of Maine says or does not say about itself. State of Maine Governor Paul LePage’s removal of a mural from the walls of a state office because he disagreed with its…
2Cases cited37 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Younger v. HarrisSupreme Court of the United States · 1971
- Lewis v. CaseySupreme Court of the United States · 1996
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Elrod v. BurnsSupreme Court of the United States · 1976
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3Cited by4 opinions
- Monga v. Nat'l Endowment for the ArtsDistrict Court, D. Maine · 2018
- Newton v. LePageDistrict Court, D. Maine · 2012
- Texas Division, Sons of Confederate Veterans, Inc. v. VandergriffCourt of Appeals for the Fifth Circuit · 2014
- Texas Division, Sons of Confederate Veterans, Inc. v. VandergriffCourt of Appeals for the Fifth Circuit · 2014