New Hampshire Supreme Court Rules in Favor of Free Speech in Controversial White Supremacist Banner Case

The New Hampshire Supreme Court recently ruled in a case involving the Attorney General’s office and members of a white supremacist group, NSC-131, who hung a racist banner in Portsmouth in 2022. The court found that the state’s Attorney General misapplied the Civil Rights Act by filing complaints against the group for trespassing on government property.

The justices ruled that the Attorney General’s office failed to prove that the group knew they were trespassing, and found that the state’s broad interpretation of the Civil Rights Act could infringe on free speech rights.

The banner in question, which read Keep New England White, was briefly displayed from an overpass above Route 1. Although the group removed the banner when approached by law enforcement, the Attorney General filed civil complaints against the group and its leader, Christopher Hood, as well as another member, Leo Cullinan who has since passed away.

The complaints alleged that the group violated the Civil Rights Act by trespassing with a racially motivated intent.

The court’s opinion emphasized the importance of protecting free speech, stating that overly broad interpretations of the law could suppress certain messages due to fear of government sanctions.

The decision was narrow, specifically addressing the issue of trespassing in this case, and did not involve broader questions of hate speech or discrimination.

The New Hampshire Attorney General’s office expressed disappointment with the ruling but reiterated its commitment to enforcing the Civil Rights Act to protect citizens from discrimination and hate-motivated acts.

 

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