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NEWTON v. LEPAGE

No. 12-1472.

700 F.3d 595 (2012)

John NEWTON; Donald Berry; Joan Braun; Natasha Mayers; Robert Shetterly; Plaintiffs, Appellants, Jonathan S.R. Beal, Plaintiff, v. Paul LEPAGE, in his capacity as Governor of the State of Maine; Joseph Phillips, in his capacity as Director, Maine State Museum; Richard J. Winglass, in his capacity as Commissioner of the Maine Department of Labor; Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 28, 2012.

Attorney(s) appearing for the Case

Jeffrey Neil Young, with whom Carol J. Garvan, Jonathan S.R. Beal, and McTeague Higbee were on brief, for appellants.

Paul Stern, Assistant Maine Attorney General, with whom William J. Schneider, Maine Attorney General, and Sarah A. Forster were on brief, for appellees.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.

LYNCH, Chief Judge.

The question presented is whether the governor of Maine violated the First Amendment by removing a large state-owned mural, commissioned by the former administration, from its location on the walls of a small waiting room for visitors to the Maine Department of Labor ("MDOL"). The governor's initial stated reason was that he agreed with complaints that the mural did not convey a message of evenhanded treatment toward both labor and employers and...

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