LD868 extends the protections of the Maine Civil Rights Act to include actions that cause "emotional distress" or "fear of violence", allowing the Attorney General to take legal action to safeguard these rights and empowering individuals affected to seek relief through civil actions.
The Maine State Senate passed LD868 on June 12, 2023 by a vote of 23 to 8. We have assigned pluses to the nays because taking legal action against "emotional distress" or "fear of violence" is just another red flag-type law, potentially stripping people's right to free speech. These terms are broad and vague, and interpretation could be subjective.
United States Constitution
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
United States Constitution
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
United States Constitution
14th Amendment Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
