Exeter man loses bid to upend NH’s defamation regulation after ‘soiled cop’ put up

EXETER — An area man, who was criminally charged for posting a web-based remark stating…

Exeter man loses bid to upend NH’s defamation regulation after ‘soiled cop’ put up

EXETER — An area man, who was criminally charged for posting a web-based remark stating Exeter’s former police chief “lined up for a unclean cop,” has misplaced his enchantment to overturn New Hampshire’s legal defamation regulation.

Robert Frese, of Exeter, sued the state’s lawyer common in 2018 claiming the state’s legal libel regulation was not constitutional as a result of it violates his First and Fourteenth modification rights. A 3-judge panel on the U.S. Courtroom of Appeals for the First Circuit issued a ruling Tuesday, rejecting Frese’s claims by upholding the state regulation and affirming a previous choose’s determination to dismiss the case.

“Conscious of the Supreme Courtroom’s steerage that ‘the knowingly false assertion and the false assertion made with reckless disregard of the reality, don’t get pleasure from constitutional safety,’ we conclude that Frese’s allegations fall in need of asserting viable constitutional claims,” U.S. Circuit JudgeJeffrey Howard wrote on behalf of the panel.

Exeter man loses bid to upend NH’s defamation regulation after ‘soiled cop’ put up

Frese was represented in courtroom by attorneys from the American Civil Liberties Union of New Hampshire, who took on the case to problem the regulation.

Gilles Bissonnette, authorized director on the ACLU-NH, disagreed with the choice.

“We’re dissatisfied that the First Circuit failed to acknowledge the vagueness that permeates this statute and authorizes sweeping discretion for regulation enforcement to arrest and prosecute their critics,” Bissonnette mentioned.