This free-speech case concerns a prosecution for “stalking” based on evidence of a defendant’s speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant’s stalking conviction that was based on his speech alone, without any evidence as to subjective intent.

The American Civil Liberties Union (ACLU), the ACLU of Maine, and Planned Parenthood Federation of America filed a lawsuit challenging a Maine law requiring that abortions be performed only by physicians and blocking qualified nurse practitioners and nurse-midwives (also known as advanced practice registered nurses, or APRNs) from providing this care, despite their rigorous post-graduate training and extensive clinical experience. The physician-only law severely restricts patient access to abortion services in Maine, a rural and medically underserved state.

The American Civil Liberties Union, ACLU of Maine, and Planned Parenthood Federation of America filed a lawsuit seeking to restore abortion coverage for women who qualify for MaineCare. Current Maine Department of Health and Human Services policy bans abortion coverage under the state’s public insurance program, except in extremely limited circumstances, in violation of the Maine Constitution and state statute.