N.H. Supreme Court Dismisses Case That Would Stifle Political Speech; NEFAC, ACLU Submitted Amicus Brief Arguing for First Amendment Protections

FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org

SEPT. 4 DECISION

The New Hampshire Supreme Court affirmed a lower court decision today that ruled a Union Leader op-ed published in 2021 by writer and activist Robert Azzi did not constitute defamation because it amounts to protected political opinion.

The New England First Amendment Coalition, ACLU-NH and GLBTQ Legal Advocates & Defenders filed an amicus brief before the New Hampshire Supreme Court in support of Azzi and the Union Leader Corporation. The Supreme Court summarized the trial decision that it affirmed:

“After reviewing the challenged statements, the trial court concluded that each amounted to non-actionable opinion, not premised on any undisclosed defamatory facts, and dismissed the claim. In doing so, the trial court declined to take judicial notice, as requested by the defendants, of the debate surrounding ‘Critical Race Theory, as well as the debate surrounding what is meant by white supremacist or white supremacy,’ concluding that it did not need to do so in order to make its decision. It also declined to address whether the plaintiff ‘can properly be considered a public figure or official.’ In addition, having found that the statements were non-actionable opinion, the trial court declined to address the defendants’ constitutional arguments.”

The Supreme Court further explained:

“Although we have not had cause to consider whether characterizations like the terms ‘racist’ or ‘white supremacist’ can be considered actionable under a theory of defamation, numerous other jurisdictions have considered the question . . . We find the reasoning of these cases persuasive. Reading the op-ed as a whole, we agree with the trial court that the op-ed merely expressed the author’s political opinions and beliefs that he individually held about the plaintiff and others not based on any undisclosed defamatory facts.”

“This is a free speech win,” said NEFAC Executive Director Justin Silverman. “Our democracy depends on robust and often provocative political speech about matters of public concern. Today’s ruling gives us breathing room to share those opinions without fear of being dragged to court simply because someone disagrees with what we say.”

“We’re gratified that the Court upheld New Hampshire’s well established right to free expression of socio-political opinions in this public, contentious, heated debate on matters of great social and political concern,” said Kathleen Sullivan, attorney for Union Leader Corp.

“Today’s ruling is a victory for free speech and freedom of press rights in the Granite State and affirms that defamation law may not be used to punish ordinary people for debating matters of public concern in a public forum like the Union Leader opinion section,” said ACLU of New Hampshire Legal Director Gilles Bissonnette. “People and the press — despite pressure and intimidation from those with financial resources who vehemently disagree with them — have a First Amendment right to voice their opinion without fear of litigation from those who seek to stifle criticism.”

“Today’s ruling affirms that our defamation laws are not intended to stifle public discussion on important issues,” said GLBTQ Legal Advocates & Defenders Senior Staff Attorney Chris Erchull. “Talking about inequality is essential to fighting against inequality. In order to dismantle structural racism, we need to be able to talk about it, and this decision reminds us that we have the right, in addition to the obligation, to have that conversation, whether in the newspaper or in the classroom.”

NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. You can read all the coalition’s briefs and advocacy letters here.


NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.

Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.

NEFAC is supported by the Estate of Gloria Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Connecticut Public, WCVB-Boston and WBUR-Boston.