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| September 30, 2009 | Liberty Counsel |
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State of Maine Sued for Censoring Fundraising Letter Officials Claim is "Anti-Muslim"

Bangor, ME - Today the Christian Action
Network (CAN) filed a federal lawsuit against the state of
Maine for censoring a fundraising letter state officials claimed
contained "an inflammatory anti-Muslim message." Maine officials
fined and banned CAN from mailing any future letters under the
threat of criminal prosecution. Liberty Counsel represents
CAN.
CAN was in good standing with a valid license for prior years
in Maine, authorizing the group to mail letters in the state. CAN
filed to renew its license in March 2009, prior to sending the
letter, and the check for the annual license was deposited and
cashed by the state. In April, CAN mailed a letter exposing how
some public schools were promoting Islam by providing instruction
on the Five Pillars of Islam and the Koran. The letter pointed out
that some schools have provided a "prayer room" for Muslims and one
textbook that told seventh grade students they "will become
Muslim." The letter listed Governor John Baldacci as a person who
is over the public schools and someone to whom the recipients of
the letter should voice their opinion.
CAN was informed in May 2009 that its application was now
being denied, and a $4,000 fine was imposed for three reasons: (1)
the state alleged CAN's letter contained "an inflammatory
anti-Muslim message;" (2) the letter used Gov. John Baldacci's name
without his approval; and (3) the registration was allegedly
"incomplete." CAN filed this lawsuit challenging the
state statute regarding use of a person's name, which the state has
interpreted to mean that the governor's name cannot be used in a
direct mail piece without his permission. The suit also raises a
free speech challenge to the state, censoring the letter for its
alleged "anti-Muslim message."
Mathew D. Staver, Founder of Liberty Counsel and Dean of
Liberty University School of Law, commented: "The chief purpose of
the First Amendment was to prevent the government from licensing
the press. Citizens do not need permission to petition government
officials or to protest government policies. The state of Maine has
no business licensing one viewpoint on controversial issues and
cannot deny speech because some bureaucrat deems it
'anti-Muslim.'"
