Maine AG says mural removal is ‘government speech’

[Maine-ah]

Source: BDN

PORTLAND, Maine — Maine’s attorney general says the LePage administration was exercising its right to “government speech” removing a labor history mural from the Labor Department headquarters.

Attorney General William Schneider filed an objection Monday to a federal lawsuit seeking a temporary restraining order aimed at restoring the mural to its original location.

Schneider said the lawsuit presents a political — not legal — issue on “where the government speaks.” He said the prior administration was speaking when it chose to display the mural, and that the current administration was speaking by having it removed.

Gov. Paul LePage caused an uproar last month by ordering the removal of the 11-panel mural depicting scenes in Maine’s labor history. He said it’s biased in favor of organized labor at the expense of business interests.

Read more: http://new.bangordailynews.com/2011/04/11/politics/maine-ag-says-mural-removal-is-government-speech/

[fasttense]

1. Oh so now in addition to corporations, governments have free speech too?

What a load of crap.

[roguevalley]

17. we should start a nationwide bracket to find out who the stupidest

gummit worker is. Make it nationwide and have Matt Tiabbi do it.

[rubberducky]

2. "The government" Is a person now??

[forty6]

3. The Governors use of censorship of history and art is "free speech"?

Black is White. Up is down. Tyranny of the elected over the electorate.

God, is every person in Maine government talking out of their backside?

Is there any decent law school in the state of Maine that teaches the U.S. Constitution or are they all run by religious corporate fundamentalists?

Where are the Democrats?

Censorship in Maine is now some sort of government "free speech"?

[mahatmakanejeeves]

4. Does this guy have not any understanding whatsoever

of the meaning of the First Amendment?

[Angry Dragon]

5. Some people just get up in the morning and

are still very ignorant............

Someone is really making a bundle off of selling all those stupid pills

[think]

6. LePages' "government speech" sounds a lot like

"arrogant asshole" to me. The dialects are very similar...

[Plucketeer]

7. It sounds like outright TYRANNY to me.

[forty6]

13. That's the only language LePage knows how to speak. n/t

[Old and In the Way]

8. Keep digging that hole Gubnor!

Meanwhile the citizens of Maine are exercising their Rights to petition and get a recall provision added to the Maine Constitution.

[drm604]

9. So government censorship is now free speech?

I beg to differ.

[No Elephants]

10. Ah, yes, the First Amendment was intended to protect state government.

These idiots just say anything, don't they?

Problem is, Maine also "spoke" a couple of years ago, when it asked the feds for $60K for a mural for Maine's Dept. of Labor. So, give back the $60K and we'll call it a day, Pea Brain.

[eShirl]

11. no such thing.

[benld74]

12. They make the sh*t up as they go along!!!!

[forty6]

14. In effect, the AG is arguing that LePage's actions are "government"

actions... Just like King Louis XIV of France "L'etat, c'est MOI!" (I am the state!)

[Iliyah]

15. So that the warm blooded

people of Maine means nothing. Oh right, I smell - dictatorship

[backtomn]

16. "Government Speech" ?? !!

I don't recall that in the Constitution. What if that is used in ways that are really serious?? This is EXTREMELY bad. I don't care about party on this one.....I don' want anyone with this "government" power.

[onenote]

18. actually the S Ct has recognized that there is such a thing as "government speech"

and that it is not covered by the first amendment. See http://www.law.cornell.edu/supct/html/07-665.ZO.html


To give an extreme example, a repub president decoraating the public spaces of the White House might put up a picture of Reagan. When a Democrat comes into office, there is little question that the Democratic administration can take down Reagan's picture and replace it with a picture of FDR.

That being said, and even though the government is allowed to make content based determinations about its own speech (as opposed to regulating private speech of others), I believe that there are limits to the excercise of government speech. This case may test exactly where those limits are.

[and-justice-for-all]

19. Last I knew the PEOPLE were the government...

Government here is not a kingship nor a dictatorship, he used TAX dollars to remove something that did not match his ideology. It should never have been removed to begin with; because he does not own that building and as far as I am concerned, he should be fined for the defacing a federal building.

[Gormy Cuss]

20. The LePage Clown Car is getting mighty crowded.

I suspect this tack will not go over well with most Mainiacs.

[6000eliot]

21. Who censors art?

The Taliban? Check. The Nazis? Check. Conservative Republicans? Check.

[blackspade]

22. Schneider should be impeached.

He obviously has no business being the AG or practicing law.

[defendandprotect]

23. k

[wordpix]

24. bwaaa: "the lawsuit presents a political — not legal — issue on “where the government speaks.” "

In the height of stupidity on stupidity, now a lawsuit is not a legal issue, according to the AG