The Legislative Ethics Committee has recommended the New Hampshire House vote to censure Rep. James A. Spillane, R-Deerfield, for making “defamatory” and “demeaning” remarks on his social media account “X” about Rep. Timothy Horrigan, D-Durham.
The committee charged Spillane in the March complaints with: “Making postings on the social media website ‘X’ in which he identified himself as ‘Representative James Spillane,’ which included comments that were offensive and demeaning about other House members.
“More specifically, when Representative Horrigan responded to his posted description of Representative (Democrat Cathryn) Harvey as a ‘liar,’ Representative Spillane referred to Representative Horrigan as ‘retarded,’ commented that his mother had ‘f—-d (middle letters deleted) her cousin,’ and accused him of dropping acid in the 60’s,” according to the special report to the Speaker of the House signed by Legislative Ethics Committee chairman Edward M. Gordon.
Spillane didn’t immediate return a message seeking comment Friday and House Speaker Sherman Packard, R-Londonderry, wasn’t immediately available for comment.
The same committee admonished Spillane for an anti-Semitic post on the social media site Parler in 2021, but didn’t take it into account in the finding that was released Friday. In that case, Spillane said he didn’t know it was an anti-Semitic meme and apologized.
Gordon wrote that it is not uncommon for legislators to disagree over the substance of legislation that may even lead to “unpleasant exchanges at times…”
“But here, Representative Spillane has publicly made extremely offensive assertions about another member, calling him ‘retarded,’ alleging he ‘dropped acid in the 60’s’, and, perhaps most offensively, asserting that his mother engaged in sexual activity with her cousin.
“This is not an acceptable disagreement over a legislative outcome. It is a direct personal attack. It demonstrates a complete lack of respect and absolute lack of concern for the dignity of another Representative. The public postings published by Representative Spillane are clearly defamatory of another member of the legislature, Representative Horrigan. His comments were demeaning and
constituted harassment. His conduct cannot be viewed in a manner consistent with the established ethical guidelines established by the General Court.”
The report noted that when you put something on social media as a member of the General Court, you have a duty to know how it will affect others.
The Committee charged Spillane with violations of the Ethics Guidelines, Section 1, Principles of Public Service, Paragraph III, Principle of Accountability, which provides that legislators “shall ensure that government is conducted openly, equitably and honorably in a manner that permits the citizenry to make informed judgments, have confidence in the integrity of the legislature, and hold government officials accountable” and Paragraph IV, Principle of Conduct, which provides that legislators “shall treat each other, legislative employees, and the public with dignity and respect.”
It will be up to the House to vote on the committee’s recommendation. The next time the House is expected to be in session will be Veto Day in September or October.
The report said Spillane admitted to making the postings identifying him as a state Representative at a hearing on the matter, but said they weren’t made in the performance of his official duties so his conduct didn’t fall within the jurisdiction of the Committee. Spillane also argued that his comments in the social media posts are protected speech under the federal and New Hampshire constitutions.
“While the right of freedom of speech is fundamental, it is not absolute. Certain categories of speech such as defamation and harassment can be restricted. In this case Rep. Horrigan testified that the offensive statements made in the posts were not true and. Rep. Harvey testified testified that she had legitimate concerns about her safety,” the report said.
In 2020, the civil rights unit of the Attorney General’s Office investigated a social media post by Spillane that stated “Public Service Announcement: If you see a (Black Lives Matter) sign on a lawn it’s the same as having the porch light on for Halloween. You’re free to loot and burn that house.” Spillane said at the time he meant that post as “tongue-in-cheek” political commentary and the investigation was suspended with no action taken.