An Act To Protect Political Speech and Prevent Climate Change Policy Profiling
Maine Legislature, Session 128, LD 0771
Committee: Judiciary
Sponsors: LOCKMAN, MASON, BRADSTREET, CEBRA, GUERIN, SIROCKI, TIMBERLAKE, TURNER, WADSWORTH, CUSHING

Legislative Document
No. 771
H.P. 551
House of Representatives, March 2, 2017
An Act To Protect Political Speech and Prevent Climate Change 
Policy Profiling
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOCKMAN of Amherst.
Cosponsored by Senator MASON of Androscoggin and
Representatives: BRADSTREET of Vassalboro, CEBRA of Naples, GUERIN of Glenburn, 
SIROCKI of Scarborough, TIMBERLAKE of Turner, TURNER of Burlington, 
WADSWORTH of Hiram, Senator: CUSHING of Penobscot.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA c. 337-D is enacted to read: 
CHAPTER 337-D 
PROTECTED SPEECH 
§4751.  Legislative findings 
The Legislature finds that the courts have accorded political speech the highest level 
of protection from abridgment. 
The Legislature, in agreement with the United States Supreme Court, finds no basis 
for the proposition that, in the context of political speech, the government may impose 
restrictions on certain disfavored speakers. 
The Legislature finds that statutory prohibitions on state action concerning political 
speech are necessary in order to ensure the highest level of protection for political speech. 
§4752.  Limitations on Attorney General's authority concerning protected political 
speech 
1.  Investigations and prosecutions.  Notwithstanding authority provided in Title 5, 
chapter 9, the Attorney General may not investigate, join an investigation initiated by 
another state or the Federal Government or prosecute any person based on that person's 
protected political speech. 
2.  Use of prosecutorial power.  Notwithstanding authority provided in Title 5, 
chapter 9, the Attorney General may not use prosecutorial power to favor or disfavor 
protected political speech. 
§4753.  Climate change policy preferences 
1.  Contracts and grants.  A department or agency of State Government may not 
discriminate in purchasing goods or services or in awarding grants or contracts based on 
the climate change policy preferences of the vendor, recipient or contracting party. 
2.  Employment.  A department or agency of State Government may not discriminate 
with respect to the hire, tenure, promotion, transfer, compensation, terms, conditions or 
privileges of employment or any other matter directly or indirectly related to employment 
or in recruiting for employment or otherwise discriminate against an individual based on 
the climate change policy preferences of the individual. 
SUMMARY 
This bill reinforces the recognition that political speech is deserving of the greatest 
protection from abridgment by the government.  The United States Supreme Court in 
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), continued the 
protection of protected political speech, no matter the source or message.  This bill 
provides explicit legislative findings to reinforce the United States Supreme Court 
decision and to clearly state the need for statutory protections of protected political 
speech. 
The bill specifically prohibits the Attorney General from investigating, joining an 
investigation initiated by another state or the Federal Government or prosecuting any 
person based on that person's protected political speech.  It also prohibits the Attorney 
General from using the Attorney General's prosecutorial power to favor or disfavor 
protected political speech. 
The bill also prohibits the State from favoring or disfavoring any person based on the 
person's climate change policy preferences with regard to grants, contracts or 
employment.