Court’s Order Recognizes Constitutional Problems With #1 Offender

on NetChoice’s iAWFUL list


(Bangor, ME) – NetChoice applauds today’s order of the US District Court of Maine, which acknowledges the constitutional problems with the Maine Predatory Marketing Law. The court’s action should protect the free speech and privacy rights of Maine citizens, schools, and businesses until the law can be reworked when the legislature returns to session.


NetChoice joined Reed Elsevier, the Maine Independent Colleges Association and Maine Press Association in calling for an injunction on the grounds that this law represents a threat to both First Amendment rights and interstate commerce.


“Today’s order sheds light on how the law harms the rights of teenagers, parents, and businesses to share information through legitimate and lawful commercial activities,” said Steve DelBianco, executive director of NetChoice. “We look forward to working with the Maine legislature to develop policy that will both protect the privacy of children while also respecting the Constitution.  In the meantime, the judge rightfully put private litigants ‘on notice’ that the law has serious constitutional defects and any litigation based on the law will likely not be successful.”


In the order, Maine Attorney General Janet Mills agreed that the legislation as passed is substantially overbroad in the way it regulates commercial speech and violates the First Amendment, and she committed to not enforce the law.  Last month, Senate President Libby Mitchell and House Speaker Hannah Pingree acknowledged some of the same issues and asked the Judiciary Committee to review the bill.


Today’s order reduces the threat of the number one offender from NetChoice’s iAWFUL list. The list details state laws that represent the greatest threats to a free and efficient Internet. The full iAWFUL list, complete with bill descriptions, is available at Twitter users can follow iAWFUL developments on the NetChoice feed (@NetChoice). Expanded information is also available on the NetChoice blog at