Mowles to appeal ethics ruling

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HardHat
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Mowles to appeal ethics ruling

CAPE ELIZABETH (June 29, 2006): A Cape councilor fined $1 by the state [url=http://www.keepmecurrent.com/Government/story.cfm?storyID=21179]ethics panel[/url] for violating campaigning rules, will appeal the ruling in court.

Mark T. Cenci
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Mowles to appeal ethics ruling

Good. He did nothing wrong. What is wrong is this article claiming the quotes were "endorsements". They weren't. The quotes were character statements. And they were cited as to the date of origin. The whole charge is bunk. And Duddy is a dud for tattling to the Nanny State.

Naran
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Mowles to appeal ethics ruling

[quote][b]Court upholds fine against former candidate[/b]

By Gregory D. Kesich Portland Press Herald Staff Writer April 12, 2007 01:57 PM

Former legislative candidate Michael Mowles of Cape Elizabeth lost his appeal of a decision by the state Ethics Commission, which slapped him with a $1 fine on the day before his Republican primary loss last June.

Superior Court Justice Robert Crowley ruled that a state law that prohibits candidates from publishing endorsements without authorization is permissible under the U.S. Constitution, and does not violate a candidates right to free speech.[/quote]

[url=http://news.mainetoday.com/updates/010884.html]Source[/url]

Dan Billings
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Mowles to appeal ethics ruling

[quote="Mark T. Cenci"]Good. He did nothing wrong. What is wrong is this article claiming the quotes were "endorsements". They weren't. The quotes were character statements. And they were cited as to the date of origin. The whole charge is bunk. And Duddy is a dud for tattling to the Nanny State.[/quote]

Mowles' lawyer did not argue that the statements were not endorsement to the court. He only attacked the constitutionality of the statute.

Editor
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Mowles to appeal ethics ruling

[i]Editor's Note: Is it correct to say the 1st Amendment protects lies? If so, what about slander, copyright infringement, etc?[/i]

1st Amendment protects lies, as well as truth

11/09/2007

In 1995, the Maine Legislature debated "An Act to Require an Endorser's Authorization for a Candidate to Use an Endorsement."

"If a false endorsement does occur," Rep. James Libby, R-Buxton said, "a fine is imposed."

False political speech enjoys a long and constitutionally protected history in this country.

Lawmakers turned Libby's bill into law.

In 2006, Cape Elizabeth Town Councilor Michael Mowles ran afoul of it.

http://kennebecjournal.mainetoday.com/view/columns/4454041.html

Dan Billings
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Mowles to appeal ethics ruling

The Law Court ruled for Mowles on appeal and struck down the statute because it violates the First Amendment.

[url=http://www.maine.gov/tools/whatsnew/attach.php?id=63025&an=1]Decision -- pdf[/url]

If they had ruled last week, the Ethics Commission would not had taken up the Waxman complaint against Ed Suslovic.

Stephen Carmichael
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Mowles to appeal ethics ruling

John Stossel did a piece on 20/20 called The Politically Incorrect Guide to Politics. He pointed out how campaign finance rules consist of thousands of paged of documents that keep the average person from running for office. Unless they have the funds to hire an expert to file all the proper forms or lots of time to read and confusing laws. Stossel even hired average people to do a test on the rules and they all failed badly. (woth watching if you get a chance).

This Mowles case seems like a similar form of political barricading. I’m glad the court got this correct. This type of challenge by ethics panels seems rather petty (IMO).

Dan Billings
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Mowles to appeal ethics ruling

The proper body to blame for this is the Legislature. They passed the law. Jim Libby sponsored it.

The Commission simply applied the law as they were told to by the Legislature.

And this is much different than campaign finance laws -- it is about the actual content of the communication.

Stephen Carmichael
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Mowles to appeal ethics ruling

I know the difference between this case and campaign finance reform. Both are just bricks in the wall.

If I were a young college graduate with no experience in the world, but I had my professors write me letters of recommendation, would those letters be challenged by a potential employer if they were 2 years old?

The endorsement in my opinion is just a letter of recommendation. The challenge got a headline and distracted the candidate’s campaign, most likely the desired result when the monetary fine was only $1.00, a stamp of objection by the ethics commission.

Bruce Libby
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Mowles to appeal ethics ruling

All these things ,ethics accusations, Clean Election Funding etc. etc. are nothing more
than manifestations of ideas that are used to influence votes by people who basically
cannot or won't think for themselves in the political process. This is no different than
making voting easy, registration easy etc. etc.! The fact that they are pursued to the commission
in my view is more unethical than the half cocked accusation to begin with.
If there is criminal behavior prosecute it! All these things have become a scarlet letter
upon foreheads in an effort to sway your vote! Look carefully atthe accusor their motives
will probably not pass much of a test!

Chances are , "I will not vote for a tax increase" opposed to a letter from someone or statement
is going to get more votes than this BS.

If the person is elected and does vote for one then vote him out!

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