New Hampshire Supreme Court Rules ‘Keep New England White’ Banner Complied with State Law

January 13, 2025 TruthUSA

The highest court in the state affirmed a prior ruling in the matter.

Individuals who exhibited a “Keep New England White” banner from an overpass in 2022 were found not to have breached state law, as they did not seem to have knowledge of their trespassing, according to the ruling by New Hampshire’s Supreme Court.

According to New Hampshire law RSA 354-B:1, a person violates the rights of others if they cause damage, threaten damage, or trespass on property when such actual or threatened behavior is driven by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability.

State officials claimed in complaints that those who displayed the banners, including the aforementioned “Keep New England White” banner, on July 30, 2022, in Portsmouth were in violation of the law due to their racially motivated actions that disrupted the lawful activities of others.

A trial court rejected the case, determining that the state’s civil rights law was unconstitutionally vague. This led to an appeal and the case being presented to the New Hampshire Supreme Court.

The justices, in a unanimous decision issued on January 10, supported the lower court’s conclusion.

“The expansive interpretation of the Act by the State poses an unacceptable risk of discouraging speech that is protected under Part I, Article 22 of our State Constitution. Specifically, the State’s interpretation would impose sanctions on those who inadvertently trespass on public property, whose actions are ‘motivated by’ one of the characteristics outlined in RSA 354-B:1,” the justices stated in a per curiam opinion. “Such a broad interpretation deters the expression of certain views due to fear of governmental penalties based on the content of those views.”

The justices also noted that it is unreasonable to bring charges against those who do not seem to know they are trespassing. They emphasized that state officials need to prove that individuals knowingly trespassed, which officials failed to establish in the case against Christopher Hood and other members of the Nationalist Social Club, known as NSC-131, who acknowledged responsibility for the banner display.

For example, Hood identified himself as the group’s leader and did not disguise himself, and he interacted with police at the scene. The group took down the banners upon being informed of their trespassing.

“Even when considering all reasonable interpretations in favor of the State, we find the complaints do not adequately claim that the defendants knowingly trespassed,” the justices remarked.

The attorney general’s office expressed disappointment with the court’s ruling but acknowledged their respect for it, as stated by spokesperson Michael Garrity.

“Our office remains committed to enforcing the Civil Rights Act to ensure that all Granite Staters are free from discrimination, violence, and hate-driven threats,” Garrity asserted. “We will continue to explore every avenue to safeguard the rights and safety of our communities.”

William Gens, the attorney for the group, expressed that its members were “very pleased with the outcome.”

“The ruling upheld the arguments we presented all along,” he stated, noting that the attorney general’s interpretation “did not provide sufficient clarity to the public regarding what actions, including verbal expression, constituted a statute violation.”

Another complaint filed against the group by the attorney general’s office is currently pending, alleging violations related to a demonstration outside a Concord café hosting a drag story hour event.

The Associated Press contributed to this report.

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