Politics
Moore campaign challenges anti-Question 3 ad using governor’s branding
Gov. Wes Moore’s campaign sent a cease-and-desist letter to a PAC over an ad urging Marylanders to oppose a redistricting amendment he supports. The group says it will keep the ad online, setting up a dispute over political messaging and free-speech protections.
Gov. Wes Moore’s campaign is demanding that a political action committee take down an ad opposing Maryland’s Question 3, saying the spot uses his image and campaign branding in a way that could mislead voters about his support for the measure.
The cease-and-desist letter, sent Wednesday, Oct. 21, to Truth for Maryland, also demands that the group stop using Moore’s name, likeness, campaign fonts and purple-and-gold color scheme. The campaign said it referred the ad to state elections officials for review of possible violations of laws governing campaign communications.
Question 3 would amend the Maryland Constitution to remove restrictions on drawing congressional districts. Moore backs the amendment and has advocated for redrawing the state’s eight congressional districts, arguing that new maps could improve electoral competitiveness. A redrawn map could also eliminate the state’s only Republican-held district.
The 30-second ad features Moore and branding resembling his reelection campaign’s, but does not directly state his position on the question. Its narrator says, “Vote yes for Wes and against Question 3,” while urging a vote against the amendment. Moore’s campaign lawyers argued that viewers could mistakenly conclude the governor was involved with the group or opposed the measure.
Truth for Maryland chair Andrew Brightwell rejected the demand. In a text message, he described the PAC as a grassroots organization dedicated to reelecting Moore and said it would not remove the ad. Brightwell previously served as a spokesperson for Republican gubernatorial candidate Ed Hale.
Moore called the group “MAGA Republicans” in a social media post Wednesday evening. The PAC’s campaign against Question 3 is the second organized opposition effort; Protect Maryland Voters was the first. A state elections filing showed Truth for Maryland had no money, while Brightwell said most of its donors are Maryland residents.
The dispute raises questions about how far candidates can go in challenging political advertising. Jim Astrachan, a Columbia-based copyright and First Amendment lawyer, said political speech receives strong constitutional protection and that allegations of misleading campaign claims may be difficult to pursue in court. He said a copyright lawsuit could be possible if Moore’s campaign could establish that the images used in the ad were protected and not owned by the PAC.
Recent polling suggests a plurality of Maryland voters oppose Question 3. Moore’s allies, including Democrats behind the group Fight Back Maryland, are campaigning for it.
Todd Eberly, a political science professor at St. Mary’s College of Maryland, warned that efforts to suppress the ad could increase its reach—a phenomenon commonly called the Streisand effect.