Update: Maine's Marketing to Minors Law Found Likely to Be Unconstitutional
The first lawsuit challenging Maine's Act to Prevent Predatory Marketing Practices Against Minors has concluded. The District of Maine issued a Stipulated Order of Dismissal on September 9, stating that there is a likelihood that the statute is "overbroad and violates the First Amendment", and putting third parties "on notice" that a private suit "could suffer from the same constitutional infirmities." In the meantime, the lawsuit was dismissed without prejudice, in light of the State Defendant's representation that Maine will not enforce the statute and that the Legislature will reconsider it when they reconvene in January 2010.
