Attorney General v. Hood

Docket number
2023-0663
Date

Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech. The State’s construction of the New Hampshire Civil Rights Act was unconstitutionally overbroad because it failed to establish limiting principles. In order to state a claim under the Act against defendants, the state was required to demonstrate that the defendants knowingly trespassed on property upon which they were not licensed or privileged.

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