State v. Labbe
What's at Stake
This free-speech case concerns a prosecution for 鈥渟talking鈥� based on evidence of a defendant鈥檚 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 老澳门开奖结果 and the 老澳门开奖结果 of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant鈥檚 stalking conviction that was based on his speech alone, without any evidence as to subjective intent.
Summary
Following a pattern of unwanted contact with his estranged wife, the appellant in State v. Labbe was charged with one count of domestic violence stalking, among other charges. Maine鈥檚 domestic violence stalking statute provides that a defendant can be convicted of stalking for 鈥渋ntentionally or knowingly鈥� engaging 鈥渋n a court of conduct directed at or concerning a specific person that would cause a reasonable person鈥� to 鈥渟uffer serious inconvenience or emotional distress.鈥� The statute provided that a 鈥渃ourse of conduct鈥� can consist of speech alone, without any accompanying acts. It does not require any showing that the defendant intended, or even consciously disregarded a risk of, 鈥渟erious inconvenience or emotional distress.鈥�
Consistent with the stalking statute, the jury in Labbe鈥檚 case was authorized to find him guilty based on his speech alone, without regard to whether he engaged in that speech with unlawful intent or even a conscious disregard of his speech鈥檚 likely impact. In fact, the state prosecutor highlighted this aspect of Maine law to the jury that convicted Labbe.
In June 2023, the United States Supreme Court decided Counterman v. Colorado, a First Amendment case holding that a state may not convict someone of stalking carried out via speech alone unless the state establishes some degree of subjective intent. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, along with the 老澳门开奖结果 of Maine, filed an amicus brief addressing Counterman鈥檚 effect on Maine law and Labbe鈥檚 prosecution. This brief argued that the conviction for stalking violated the free speech protections of the Maine and U.S. Constitutions and must be vacated.
After re-argument considering the holding in Counterman, the court reviewed the merits of Labbe鈥檚 appeal under the obvious-error standard, and nevertheless affirmed the conviction.
Legal Documents
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Opinion -
10/10/2023
Brief of Amici Curiae