Republican legislator appeals to Supreme Court to end censure over social media post

A Republican lawmaker who had been censured by her legislative peers for posting personal information about a transgender student on her official social media account is taking her fight to the U.S. Supreme Court.

Rep. Laurel Libby of Auburn said she filed the petition Monday after the 1st U.S. Circuit Court of Appeals denied her motion for an expedited appeal to end the censure by the Maine House of Representatives.

“For over 60 days, my constituents have had no say in actions taken by their government, actions that directly impact their lives,” Libby said in a press release. “Every vote taken on the floor of the legislature is a vote my constituents cannot get back. The good people of our district have been silenced and disenfranchised.”

On Feb. 25, the House voted 75-70 to formally reprimand Libby, preventing her from speaking or voting until she apologizes for the post, which she has so far declined to do.

The post, which included the name, photograph and other details about a transgender student athlete, drew national attention. Days later, President Donald Trump threatened to withhold federal funding to Maine over the state’s transgender policy, arguing it is in violation of federal anti-discrimination protections. Since then, the state has been subject to several funding cuts and probes, culminating in a lawsuit by the U.S. Department of Justice. 

Libby is arguing that the censure is a violation of her First Amendment right. Additionally, Libby’s lawsuit against Maine House Speaker Ryan Fecteau (D-Biddeford) and House Clerk Robert Hunt asserts that their sanction is a violation of her constituents’ right to free speech and that it disenfranchises the voters by depriving them of legislative representation.

On Friday, Justice Melissa DuBois of the U.S. District Court for the District of Maine denied Libby’s request for a preliminary injunction against enforcement of the censure, arguing that legislative immunity — which largely protects lawmakers from being sued for strictly legislative acts — shields Fecteau and Hunt from the claims in the case.

While acknowledging that the ability to suspend an elected representative’s privileges to speak or vote on the House floor “is a weighty sword to wield,” DuBois determined Fecteau’s actions “ultimately reflected the will of the majority of the House members” and that the sanction “is not of such extraordinary character as to obliterate the formidable shield the courts have provided to legislative acts.”

There have only been four censures in the Maine Legislature since 1820 and three of them — including the ongoing censure of Libby — have come in the past year and a half under Democratic majorities. The first censure was an independent from Auburn in 2001.

Libby appealed that ruling to the 1st Circuit Court, which on Monday denied her motion for an expedited ruling, according to Maine Public.

Seeking immediate intervention, Libby filed an emergency request with the U.S. Supreme Court and said while the broader case continues through the appeals process, she is “hopeful the court will act swiftly” to end the censure.