Maine High Court Tames Threat to Internet Commerce and Free Speech

Court's Order Recognizes Constitutional Problems With #1 Offender on
NetChoice's iAWFUL list

BANGOR, Maine, Sept. 8 /PRNewswire-USNewswire/ -- NetChoice applauds today's
order of the U.S. District Court of Maine, which acknowledges the
constitutional problems with the Maine Predatory Marketing Law. The court's
action should protect the free speech and privacy rights of Maine citizens,
schools, and businesses until the law can be reworked when the legislature
returns to session.

NetChoice joined Reed Elsevier, the Maine Independent Colleges Association and
Maine Press Association in calling for an injunction on the grounds that this
law represents a threat to both First Amendment rights and interstate
commerce.

"Today's order sheds light on how the law harms the rights of teenagers,
parents, and businesses to share information through legitimate and lawful
commercial activities," said Steve DelBianco, executive director of NetChoice.
"We look forward to working with the Maine legislature to develop policy that
will both protect the privacy of children while also respecting the
Constitution. In the meantime, the judge rightfully put private litigants 'on
notice' that the law has serious constitutional defects and any litigation
based on the law will likely not be successful."

In the order, Maine Attorney General Janet Mills agreed that the legislation
as passed is substantially overbroad in the way it regulates commercial speech
and violates the First Amendment, and she committed to not enforce the law.
Last month, Senate President Libby Mitchell and House Speaker Hannah Pingree
acknowledged some of the same issues and asked the Judiciary Committee to
review the bill.

Today's order reduces the threat of the number one offender from NetChoice's
iAWFUL list. The list details state laws that represent the greatest threats
to a free and efficient Internet. The full iAWFUL list, complete with bill
descriptions, is available at http://www.iAWFUL.com. Twitter users can follow
iAWFUL developments on the NetChoice feed (@NetChoice). Expanded information
is also available on the NetChoice blog at http://blog.netchoice.org

NetChoice is an advocacy organization that fights threats to online commerce
and promotes policies that protect Internet innovation and communication on a
state, federal and international basis. The Washington, DC-based group
protects Internet commerce-driven competition and battles rules that hinder
consumer choice and hurt small businesses. For more information, see
www.netchoice.org.

SOURCE NetChoice

Steve DelBianco of NetChoice, +1-730-615-6206, sdelbianco@netchoice.org