By DAMIEN FISHER, InDepthNH.org
The constitution even applies to neo-Nazis, like the ones in NCS-131, according to a New Hampshire Supreme Court ruling.
A unanimous decision released Friday rebuked the New Hampshire Attorney General’s Office for the prosecution of NSC-131 members who were charged with violating the state’s Civil Rights Act, stating the way prosecutors used the CRA against the neo-Nazis violates the constitution.
“The overbreadth of the State’s construction of the Act creates an unacceptable risk of a chill on speech protected by Part I, Article 22 of our State Constitution,” the justices wrote.
NSC-131 leader Christopher Hood and others were charged with the trespassing in order to violate the Civil Rights Act for a 2022 “White Power” demonstration in Portsmouth. The case was dismissed by Rockingham Superior Court Judge David Ruoff in 2023, largely citing the fact that neo-Nazis do have free speech rights. Ruoff also ruled the state cannot prosecute the group for trespassing under the Civil Rights Act when there is no evidence they knowingly committed trespass.
Soon after the case was dismissed, Attorney General John Formella announced his office would appeal the ruling, resulting in Friday’s state Supreme Court opinion backing Ruoff.
On Friday, a spokesman for the Attorney General’s Office said: “While we are disappointed by the court’s decision, we respect it. 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 July, 2022 NSC-131 demonstration featured neo-Nazi members waving a banner that stated “Keep New England White” off a Route 1 overpass in Portsmouth. Portsmouth Police officers responded to the demonstration and informed the NSC-131 members the overpass is not a public space. The far-right gang members then left the area rather than knowingly commit trespassing, according to court records.
The Civil Rights Act allows prosecutors to seek enhanced penalties for crimes committed in order to further a hate-agenda. But prosecutors cannot seek enhanced penalties for crimes that are not committed, as they were doing in this case, according to the justices.
Formella’s office essentially argued it should not have mattered that the white supremacists did not know they were trespassing, or that they left the overpass when informed they were trespassing. But the Supreme Court justices disagreed, saying such prosecutions essentially criminalize unpopular speech.
“[T]he State’s construction of the Act would impose government sanctions on those who unintentionally trespass on public property and whose presence is ‘motivated by’ one of the characteristics enumerated in [Civil Rights Act.] 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 justices wrote.
This isn’t the only case Formella has against NSC-131. He’s also brought a civil rights lawsuit against the group for their anti-drag queen protest in Concord in 2023.
According to court records, the neo-Nazis went to the Teatotaller Café, tea and coffee shop in Concord in June of 2023 because of a planned drag queen story hour. Nathan Yetton, who performs under the name Juicy Garland, curated a range of children’s books to read in honor of Father’s Day morning, according to court records.
NSC-131 sent 20 white men, wearing black shirts, khaki or tan colored pants, black face coverings, dark sunglasses, and baseball hats, to the Capital Plaza where Teatotaller is located and stood along the windows facing into the café, harassing people inside, according to a Merrimack Superior Court Order released in October.
“The men began chanting slogans such as, ‘Sieg Heil’ and ‘Heil Hitler’ and a call and response of ‘Whose streets? Our Streets!’ The men also shouted homophobic slurs and comments. The chanting continued for 90 minutes.
“The men also acted in unison, performing the Nazi salute. All the chanting, shouting, gestures, and salutes were directed towards the café.”
