Tuesday, February 3, 2026

Maine Legislature: discussion on Counterman v Colorado U.S Supreme Court (2023)

I found public testimony regarding LD 648, being heard by the Criminal Justice and Public Safety Committee. It allows for parole for a specific population: young adults. You can view the video recording of the hearing for An Act to Expand the Supervised Community Confinement Program. Maine abolished parole in 1976. Studies have shown that until about the age of 26 certain parts of the brain that control impulses aren't fully developed. Many people, including victims of domestic violence, testified in support of LD 648, and only a few argued against it.

After most people had left, the Committee discussed other bills that are more difficult to understand. A woman lawyer who represented the state of Maine in a man's appeal of a conviction for stalking and violation of protection order spoke about the appeal of State v. Jacob Labbe. A 2023 United States Supreme Court case was mentioned. I looked it up, as it could help me. It's regarding true threats, intent (mens rea), and free speech. From page 2 of 57 in Counterman v Colorado, :

First Amendment may still demand a subjective mental-state requirement shielding some true threats from liability. That is because bans on speech have the potential to chill, or deter, speech outside their boundaries. An important tool to prevent that outcome is to condition liability on the State’s showing of a culpable mental state.