New Hampshire Supreme Court upholds judge’s ruling on ‘Keep New England White’ banners
CONCORD, N.H. (AP) — New Hampshire’s highest court on Friday upheld a judge’s dismissal of civil rights complaints against a white nationalist group that prosecutors say trespassed when it displayed without a permit “Keep New England White” banners from an overpass in 2022.
The New Hampshire Supreme Court, in its first look at the state Civil Rights Act, agreed with the lower court judge that state prosecutors’ interpretation of the law was unconstitutionally overbroad.
The court said the state’s interpretation of the law imposes government sanctions on people who unintentionally trespass on public property and whose presence is motivated by one the characteristics mentioned in the law. Those characteristics include race color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability.
“Such a broad sweep discourages the expression of certain messages for fear of government sanctions under the Act based on the content of the messages expressed,” the court wrote in its opinion.
The court also said It was “not persuaded” that the complaints “sufficiently allege” that group members knowingly trespassed.
The attorney general’s office said it was disappointed by the court’s decision, but respects it, spokesperson Michael Garrity said in a statement.
“Our office remains steadfast in enforcing the Civil Rights Act to ensure all Granite Staters are free from discrimination, violence, and hate-motivated threats. We will continue to explore all options to protect the rights and safety of our communities,” the statement said.
William Gens, a lawyer representing the group, said its members were “very pleased with the decision, and it was based on grounds that we raised all along.” He said the attorney general’s interpretation “didn’t give adequate notice to the public as to what conduct, including the speech portion of the conduct, was a violation of the statute.”
The complaints alleged that the Nationalist Social Club, also known as NSC-131, and two of its members trespassed upon public property and were motivated by race in hanging the banners from the overpass overlooking U.S. Route 1 in Portsmouth. About 10 people took part, the complaints said. The complaints asked a judge to enter an order prohibiting the group and its members from engaging in threatening physical force or violence and discriminatory behavior for three years.
NSC-131 has been identified by the Anti-Defamation League as a New England-based neo-Nazi group founded in 2019 that “espouses racism, antisemitism and intolerance” and whose “membership is a collection of neo-Nazis and racist skinheads, many of whom have previous membership in other white supremacist groups.”
A second complaint filed against the group by the attorney general’s office is pending. It accuses the group of violations in response to a demonstration outside a Concord café hosting a drag story hour event.