A Meaningful Win in First Amendment Case

On August 20, LOKC prevailed in federal court on behalf of Dr. Meryl Nass, a physician who publicly spoke about COVID-19 policies and medical treatment. The firm is proud to share a significant result for our client in a case that has received national attention, with Attorney Tyler Smith receiving praise from one of the premier First Amendment scholars in the country for his work on the relevant brief – read more here.

In simple terms, after the Maine Board of Licensure in Medicine investigated Dr. Nass over her public comments, the Board ordered her to undergo a psychological evaluation and immediately suspended her medical license. We challenged those actions in federal court, arguing that they violated her constitutional rights.

The Court rejected the Board members’ arguments to dismiss the case, allowing Dr. Nass’s First Amendment retaliation claim to move forward. In doing so, the Court also raised serious concerns about whether the Board’s process was influenced by political pressure.

This is an important step for our client and an important case involving the intersection of free speech, professional licensing, and government authority.

We are proud of the work our team put into this case and grateful for the opportunity to advocate for our client in a matter with implications well beyond Maine!

Tyler J. Smith
Partner

Tyler Smith is a partner at Libby O’Brien Kingsley & Champion, where he has represented clients in civil and criminal matters since joining as an associate in 2012, rising to partner in 2018. He maintains a diverse litigation practice spanning criminal defense, employment law, civil litigation, and appellate advocacy. Tyler gained expertise in operating under… Read more »

Gene R. Libby

Gene R. Libby
Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »