NEFAC Continues Advocacy Against Speech Ordinances in New Hampshire
New Hampshire journalist and New England First Amendment Coalition advisor Mark Hayward testified on March 18 about the unconstitutional speech restrictions imposed by the Manchester Board of Mayor and Aldermen.
NEFAC and the ACLU of New Hampshire called on the City of Manchester last year to revise its rules on public comments which prohibit profanity and uncivil expression, among other types of speech.
Specifically, the Board’s Rule 3 was amended to state that:
Speakers shall be civil in their language and presentation. Profanity, threats, and the use of vulgar language or fighting words are prohibited. … The use of banners, flags, signs, or other items which may create a security concern, obstruct the view of other members of the public, or restrict public access within the Aldermanic Chambers, is also strictly prohibited.
In addition to addressing its concerns about the restriction on banners, NEFAC and the ACLU explained in a July 31 letter to Manchester Mayor Jay Ruais that “categories of speech such as profanity and vulgarity are protected by the First Amendment and cannot be reasonably restricted during such meetings.”
In NEFAC’s continuing effort to have the restrictions rescinded, Hayward explained to city officials earlier this week that:
“The First Amendment doesn’t say speech has to be polite or speech has to be erudite or speech has to be informed,” he said. “What it guarantees is that speech is free and that it has no restrictions such as the ones you have in Rule 3. … You have a rule that’s unnecessary, unenforceable and unconstitutional.”
NEFAC and the ACLU successfully fought a similar ordinance in Nashua in 2023. NEFAC also published an audit of speech codes in the state, finding various forms of “civility codes” that restrict public expression during government meetings.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s advocacy 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.
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NEFAC is supported by the Estate of Gloria L. 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, Northeastern University and WCVB-Boston.