N.H. Court Rejects Attempt to Impose Hate Crime Liability on Neo-Nazis for Hanging "Keep New England White" Sign on Overpass

In New Hampshire, the Supreme Court reviewed a case involving a white nationalist group, the Nationalist Social Club (NSC-131), which displayed banners with the phrase 'Keep New England White' from an overpass in 2022. State prosecutors claimed the group trespassed on public property without a permit and was motivated by race. However, the court found that the state’s interpretation of the Civil Rights Act was overly broad, and imposing sanctions on individuals for unintentional trespassing infringed upon free speech rights. The ruling highlighted the necessity for a more targeted application of the law to ensure it did not chill lawful expression. The court's decision marks a significant moment in the ongoing discourse about free speech and hate speech in America, raising questions about the boundaries of acceptable expression and the enforcement of anti-discrimination laws. While the attorney general’s office expressed disappointment, the decision was welcomed by NSC-131’s lawyers, who argued the state's interpretation failed to provide clear guidance on what constituted a violation of the statute. This development in legal precedent could influence future cases regarding hate speech, civil rights claims, and the nature of public protests in New Hampshire and beyond.