Jobs First Independent Expenditure Political Action Committee v. Coakley

66 F. Supp. 3d 253, 2014 U.S. Dist. LEXIS 174180, 2014 WL 7180465
CourtDistrict Court, D. Massachusetts
DecidedDecember 17, 2014
DocketCivil Action No. 14-14338-NMG
StatusPublished

This text of 66 F. Supp. 3d 253 (Jobs First Independent Expenditure Political Action Committee v. Coakley) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jobs First Independent Expenditure Political Action Committee v. Coakley, 66 F. Supp. 3d 253, 2014 U.S. Dist. LEXIS 174180, 2014 WL 7180465 (D. Mass. 2014).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

This case involves a First Amendment challenge to a Massachusetts statute that criminalizes false statements made in relation to any candidate running for public office. The suit is brought by Jobs First Independent Expenditure Political Action Committee (“Jobs First”) and the Treasurer of Jobs First, Melissa Lucas (“Lucas”) (collectively, “plaintiffs”) against Massachusetts Attorney General Martha Coakley (“Coakley”) and Brian Mannal (“Mannal”), who was, at all pertinent times, a candidate for public office (collectively, “defendants”).

Pending before the Court is plaintiffs’ emergency motion for a temporary restraining order or preliminary injunction to enjoin the Clerk Magistrate of the Fal-mouth District Court from holding a hearing on December 18, 2014 related to an application for a criminal complaint brought by Mannal against Lucas for making false statements about him prior to the election in November, 2014. Mannal has also filed a motion to dismiss plaintiffs’ complaint based on Younger abstention principles.

For the reasons that follow, the Court will deny both pending motions.

I. Background

A. M.G.L. c. 56, § 42

In 1946, M.G.L. c. 56, § 42 was enacted by the Massachusetts legislature and became law. It provides, in relevant part:

No person shall make or publish, or cause to be made or published, any false statement in relation to any candidate for nomination or election to public office, which is designed or tends to aid or to injure or defeat such candidate.

The statute also (1) prohibits false statements made in relation to ballot questions set to be submitted to voters and (2) provides that anyone found to have “knowingly” violated any provision of § 42 shall be subject to a fine of not more than $1,000 or imprisonment for not more than six months. M.G.L. c. 56, § 42.

B. Factual Background

Defendant Mannal is the incumbent representative for the 2nd Barnstable District in the Massachusetts House of Representatives. Mannal is also a practicing criminal defense attorney who receives appointments to represent clients in Massachusetts trial courts.

In the lead up to the November, 2014 election, Jobs First created and published several brochures and press releases strongly criticizing Mannal’s legislative record. In particular, Jobs First circulat[256]*256ed multiple brochures, criticizing Mannal’s apparent support for legislation concerning sex offenders. In one brochure, voters are encouraged to “[v]ote against Brian Man-nal” after it accuses him of

putting criminals and his own interest above our families [and wanting] to use our tax dollars to pay defense lawyers like himself to help convicted sex offenders.

Another brochure accuses Mannal of

introduc[ing] legislation that weakens penalties against convicted sex offenders and uses taxpayer dollars to help them purge their names from sexual offender databases.

That same brochure concludes by asking “Why does Brian Mannal want to put our families at risk?”, and each brochure includes a small disclaimer that reads “[p]aid for by Jobs First Independent Expenditure PAC, Melissa Lucas, Treasurer.” Jobs First contends, however, that Lucas had nothing to do with the creation of these published materials.

On October 21, 2014, Mannal filed an application for a criminal complaint with the Barnstable District Court. Mannal’s application alleges that Lucas published or caused the publication of false statements by Jobs First in relation to his candidacy for re-election. The application also alleges that the two statements were “designed to injure or defeat” Mannal and therefore violated M.G.L. c. 56, § 42. It further contends that “the mailer[s] inferred in no uncertain terms that [ ] Mannal sought to benefit financially from legislation that he had filed.” Mannal asserts that he never handled a sex offender case and is not certified to do so.

A probable cause hearing on Mannal’s application for a criminal complaint was scheduled for November 20, 2014 before a Clerk Magistrate. On October 27, 2014, plaintiffs filed a motion to dismiss the application, contending that the statute was facially unconstitutional. On October 30, 2014, the Barnstable District Court transferred the application to the Falmouth District Court. At Lucas’s request, the probable cause hearing was postponed until December 18, 2014.

Mannal narrowly won re-election to his seat in the Massachusetts House of Representatives on November 4, 2014.

C. Procedural History

On December 5, 2014, plaintiffs filed a complaint in this Court seeking a declaratory judgment and injunctive relief and alleging that M.G.L. c. 56, § 42 is facially unconstitutional (Count I), constitutes viewpoint discrimination (Count II) and is unconstitutionally vague (Count III). The complaint also alleges that the procedures of the state district courts result in a violation of substantive and procedural due process (Count IV) and raises an abuse of process claim against Mannal (Count V). On the same day, plaintiffs filed the instant motion for a temporary restraining order .or preliminary injunction against the Clerk Magistrate of the Falmouth District Court who, incidentally, is not a party to these proceedings.

On December 12, 2014, the Court invited the parties to file supplemental briefing on the implications of the Younger abstention doctrine on plaintiffs’ motion. On December 15, 2014, defendant Mannal filed a motion to dismiss based on Younger abstention.

The Court held a hearing on the subject motions on the day of this Memorandum & Order.

II. Plaintiffs ’ Motion for Injunctive Relief

Plaintiffs contend that they face an imminent threat of prosecution and arrest for [257]*257allegedly violating what they argue is a facially unconstitutional statute. They assert that § 42 has never been subjected to First Amendment scrutiny and that it is substantially similar to other state statutes recently struck down by federal courts in Ohio and Minnesota. They further argue that M.G.L. c. 56, § 42 severely restricts their rights to engage in political speech and thereby “chills” and “necessarily tempers” their First Amendment rights. Plaintiffs thus assert that, because their free speech rights are in jeopardy of being irreparably harmed if a criminal complaint issues, they are entitled to injunctive relief.

Defendant Coakley filed a brief response that takes no position on the primary relief sought by plaintiff, namely an order enjoining the Clerk Magistrate from convening a hearing on December 18, 2014, and issuing a criminal complaint. Coakley’s response merely contends that the Court should issue no declaration with respect to the constitutionality of the statute at this stage in the proceedings. Coakley suggests that such “ultimate relief’ at the preliminary injunction stage is inappropriate.

Defendant Mannal opposes plaintiffs’ motion and contends that § 42 and its procedures are distinguishable from the recently invalidated state statutes in Ohio and Minnesota.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Younger v. Harris
401 U.S. 37 (Supreme Court, 1971)
Steffel v. Thompson
415 U.S. 452 (Supreme Court, 1974)
Weinberger v. Romero-Barcelo
456 U.S. 305 (Supreme Court, 1982)
Munaf v. Geren
553 U.S. 674 (Supreme Court, 2008)
Brooks v. New Hampshire Supreme Court
80 F.3d 633 (First Circuit, 1996)
Ford Motor Company v. Meredith Motor Co.
257 F.3d 67 (First Circuit, 2001)
Maymo-Melendez v. Alvarez-Ramirez
364 F.3d 27 (First Circuit, 2004)
Matos Ex Rel. Matos v. Clinton School District
367 F.3d 68 (First Circuit, 2004)
Esso Standard Oil Co. v. Monroig-Zayas
445 F.3d 13 (First Circuit, 2006)
Massachusetts Delivery Ass'n v. Coakley
671 F.3d 33 (First Circuit, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
66 F. Supp. 3d 253, 2014 U.S. Dist. LEXIS 174180, 2014 WL 7180465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jobs-first-independent-expenditure-political-action-committee-v-coakley-mad-2014.