In 2010, an anonymous blog came into existence in Maine, in connection with the gubernatorial general election. The web site, called “The Cutler Files”, posted derogatory information about Eliot Cutler, an independent candidate for Governor who was almost elected. Later, the Maine Commission on Governmental Ethics fined the blogger, Dennis Bailey, $200 for failing to disclose that he was the author of the blog. Bailey then sued the Commission, arguing that the U.S. Constitution protects anonymous speech about political campaigns. He filed his lawsuit in state court, but it was quickly removed to federal court. In federal court, the case is Bailey v State of Maine Commission on Government Ethics, 1:11-cv-00179-JAW.

The case is far from being resolved. However, on December 19, the federal magistrate hearing the case ruled that certain confidential documents and e-mails involved in the case may be made public. These include evidence that the blogger was working with one of the Democratic candidates for Governor, Rosa Scarcelli, when he set up the blog. See this story.