Attorneys Gene Libby and Tyler Smith establish free speech violation

Our client criticized a member of the Kittery Town Council on February 22, 2017.  The Chairperson of the Council, Gary Beers, had the client removed for “casting aspersions on a sitting councilor.”  Attorney Gene Libby filed a Notice of Claim against the town and negotiated a settlement, without filing a complaint, that included a written and oral apology from Chairperson Beers at the August 2017 council meeting.  Beers apology stated:

“After review and reflection, I now conclude I acted incorrectly in requesting [Client’s] removal from the Council while he was in the process of exercising his First Amendment right to free speech.  I now wish to apologize to [Client] for my incorrect decision and order.  I meant no personal disrespect to [Client] who I recognize as a concerned citizen.  Although I may disagree with his publicly stated position I now recognize his right to publicly state it before the council.”

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 »

Tyler J. Smith

Tyler J. Smith
Associate

Tyler J. Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012. His practice includes a wide array of civil litigation and criminal defense matters—ranging from drunk driving defense to employment discrimination to defamation. Tyler is also an experienced appellate advocate. He has handled over 20 appeals, and has argued before the Maine Supreme Judicial Court… Read more »