In one deep-blue state, Democrats asked a Biden-appointed judge to validate their efforts to disenfranchise an elected lawmaker after she shared a viral social media post drawing attention to the unfairness of men competing in women’s sports — a plan she and First Amendment advocates say blatantly violates the Constitution.

Maine State Representative Laurel D. Libby (R-90) cannot vote or speak on the floor of the House of Representatives since the Democrat-dominated chamber passed a resolution of censure by a 75-70, party-line vote on Tuesday, February 25. After seeing a male who identifies as female win a girls state championship, Libby posted a picture of the young man on Facebook on February 17 with the message: “John tied for 5th place in boys pole vault. Tonight, ‘Katie’ won 1st place in the girls’ Maine State Class B Championship.” Maine Democrats barred Libby from discussing the underlying issue, then voted to stop her from representing her more than 9,000 constituents until she accepts full responsibility for placing the child in danger and apologizes.

“Five weeks ago, I was censured for speaking the truth and highlighting that there are biological males participating in girls’ sports here in Maine. And what that meant is that I am no longer allowed to speak or vote, represent my constituents on the House floor,” Libby told former Congressman Jody Hice, who hosts “Washington Watch” each Friday.

Libby and six constituents sued Maine House Speaker Ryan Fecteau (D) and House of Representatives clerk Robert Hunt, arguing they violated her First and Fourteenth Amendments.

Maine Democrats insist, not only did they act well within their legal rights to stop Libby from casting a vote over an online post, but that the people’s representative has no constitutional right to vote in the state legislature. Maine Attorney General Aaron Frey (D) unsuccessfully sought to dismiss the case last Tuesday, arguing, “Rep. Libby does not have a First Amendment right to vote, as a legislator, on any particular piece of legislation.” Frey contended the House has legislative immunity to police its members as it will.

In court filings, Fecteau said liberals had to “punish” Libby’s “contumaciousness.”

All six of Maine’s federal judges — John C. Nivison, a magistrate judge; John A. Woodcock, a George W. Bush appointee; Lance E. Walker, a Trump appointee; Karen F. Wolf, a magistrate judge; Stacey D. Neumann, a Biden appointee; and Nancy Torresen, an Obama appointee — summarily recused themselves from the case. The trans-identifying boy has a parent who works in Maine’s federal court system, according to the Bangor Daily News. 

Instead, Libby’s case is being heard in neighboring Rhode Island by U.S. District Judge Melissa Dubose. The Biden appointee insisted last Friday’s proceedings take place by Zoom, and she forbade the trial from being broadcast or recorded.

Assistant Attorney General Kimberly Patwardhan, who is making the state’s case in court, claimed last Friday that Libby continues to represent her constituents, because she can serve on committee and introduce legislation. For instance, Libby presented a budget amendment on March 20 to protect women’s sports, along with nine other amendments. The Democratic majority immediately postponed consideration of all 10 amendments indefinitely. But the state representative, a part of the state’s tiny Republican minority, says Democrats have abused their power to stifle one of their most outspoken political foes.

“District 90 now stands voiceless on the House floor — unable to vote, unable to speak, and unable to be represented on matters ranging from an $11 billion state budget to local priorities impacting working families,” said Libby before her hearing. “The inability to speak to that legislation, especially in the minority, where it may not change the outcome but can at least register the opinion of my district, is crucial,” Libby told the Portland (Maine) Press Herald.

Free speech advocates say Libby has an open-and-shut case. The Foundation for Individual Rights and Expression (FIRE), a champion of Americans’ First Amendment rights, filed an amicus brief last Thursday supporting Libby. “There is little question the House majority targeted Rep. Libby because of her viewpoint,” said FIRE. The group called the punishment “an end-run around the super-majoritarian provisions of the Maine Constitution” and “an egregious violation of the First Amendment.”

Maine’s House of Representatives has only censured elected officials four times in its legislative history: Three have happened in the last year. The House censured two Republican state representatives — Christian conservative Reps. Michael Lemelin (R-88) and Shelley Rudnicki (R-67) — for statements they made on the House floor discussing God’s disapproval of late-term abortion. 

But FIRE noted that Maine Democrats did not consistently apply the same rubric it is allegedly using to censor Libby to more liberal lawmakers. Legislators took no action against Rep. Vicki Doudera (D-41) after she shared the name and photo of an underage chess champion on social media. “The First Amendment demands that we tolerate — even confront — unpleasant truths rather than allow the state to sanitize public discourse to avoid controversy or discomfort,” said FIRE.

“If political majorities can impose draconian sanctions on political minorities, then no viewpoint is safe. That’s no way to uphold America’s robust commitment to free and open political speech, and that’s why the First Amendment forbids officials from retaliating against dissenting views,” FIRE supervising senior attorney JT Morris told Fox News.

Minority Leader Billy Bob Faulkingham (R) has stood by Libby, arguing the censure resolution violates the House code of ethics, which does not permit leadership to retaliate against a member for online speech.

“Now, we’re waiting on the ruling from that judge, and we’re hoping, given the harm being perpetrated on my constituents, that there will be a timely resolution and the courts will see fit to ensure that I get my voice and my vote back,” Libby, who is represented by attorney Patrick Strawbridge, told Hice.

Libby previously promised to keep “standing in the gap” for Maine’s girls, no matter what the cost to her personally.

“It’s still a head-scratcher to me how this could possibly be happening in the United States,” Hice replied. 

“Hats off to you,” Hice told the embattled Maine lawmaker. “Thank you so much for standing for truth and for pushing back against this unconstitutional censorship of your constituents.”