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New Hampshire’s ACLU is siding with the producers of AI-created child sex abuse images over New Hampshire’s kids, critics say, opposing legislation to ban deepfake child porn in New Hampshire.

And at least one Democratic state senator says siding with criminals and against victims is nothing new for the progressive organization.

“It has been my experience in working for laws that protect crime victims the ACLU has not necessarily been a partner in protecting the rights of the people who have been harmed by criminals so much as protecting the rights of the criminals,” said Sen. Deb Altschiller (D-Stratham). “I have yet to have a criminal justice bill that they have embraced.”

Altschiller is the prime sponsor of SB564, which “expands the definition of ‘child’ under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child.” She testified before the House Criminal Justice and Public Safety Committee on Wednesday, and that’s when she first learned of the ACLU’s opposition to her legislation.

ACLU-NH Legal Director Gilles Bissonnette

Gilles Bissonnette, ACLU-NH’s Legal Director, did not testify in person. Instead, he submitted a written statement revealing his organization’s position: AI-generated child sex abuse images are protected speech under the First Amendment.

“These images are protected by the First Amendment and Part I, Article 22 insofar as they are neither produced using minors nor do they appear to depict a specific, identifiable person,” Bissonnette wrote.

Altschiller told the committee this expanded definition is needed as the scourge of child sex abuse image trafficking is colliding with the rise of easily available AI programs that can create new, realistic images, sometimes using the images of real children.

“Once something is out there, you can’t unring the bell,” Altschiller said.

New Hampshire State Police Sgt. Hawley Rae also testified on behalf of Altschiller’s legislation, arguing that people who consume child sex abuse images are statistically more likely to engage in abuse IRL (“In Real Life.”) 

New Hampshire already has a problem with people trafficking these types of abusive images, and the potential for abusers using deepfake technology to make new abuse images from the photos of real children should be sobering, Rae said.

“Kids are vulnerable, especially in the social media world, and I can only assume this will be a problem in the AI world as well,” Rae said.

Bissonnette’s objection to the bill is founded on prior court rulings that hold child sex abuse images created without using real children are protected. The 2002 United States Supreme Court decision in Ashcroft v. Free Speech  Coalition and the 2008 New Hampshire Supreme Court decision in State v. Zidel both found that child sex abuse images that did not depict real children are allowed.

“SB564 presents serious constitutional concerns under Ashcroft and Zidel because it sweeps within its scope images that are not limited to depictions of an ‘identifiable’ (meaning ‘recognizable as an actual, specific person’) minor who was actually victimized,” Bissonnette wrote.

Rep. Terry Roy (R-Deerfield) said neither the Ashcroft nor Zidel courts were dealing with the reality of the new dangers children face today.

“The Ashcroft court didn’t have to contend with the AI technology at all,” Roy said.

Interestingly, the ACLU’s hardline “free speech” absolutism on child porn doesn’t apply to political speech Bissonnette and his organization find objectionable. The ACLU-NH’s policy today is to decline to defend free speech that “denigrates [marginalized] groups” and “impedes progress toward equality.” That includes refusing to defend the free speech rights of allegedly right-wing groups whose “values are contrary to our values” and whose words might offend the “marginalized.”

The ACLU’s guidelines state, “As an organization equally committed to free speech and equality, we should make every effort to consider the consequences of our actions.”

What about the “consequences” of graphic, violent child porn, critics ask.

Given the advances in technology, Rep. David Meuse (D-Portsmouth) said failing to act now could have dire consequences for New Hampshire’s children sooner rather than later.

“I feel that composite images today are so realistic … they’re virtually indistinguishable from an image of a real child. These images just create a market for more images,” Meuse said. “The very fact that a market for this type of material exists, if we continue to allow that market to exist, real children are going to be harmed.”

The committee voted unanimously to approve the bill, moving it closer to a full House vote.

Senate Republicans stand between the New Hampshire Advantage and dangerous judicial overreach in the ConVal decision that could force an income tax on Granite Staters, said Senate President Jeb Bradley (R-Wolfeboro).

Speaking before the Senate’s first session of the year at a Wednesday press conference in the Legislative Office Building, Bardley said the ConVal education funding decision essentially forces $536 million in new spending.

“There is no way, in my opinion, to do that without an income tax, or a sales tax or, possibly, both,” Bradley said. “That totally undermines the New Hampshire Advantage, and we just can’t go that route.”

Rockingham Superior Court Judge David Ruoff sided with the Contoocook Valley School District in its lawsuit against the state, ruling New Hampshire’s education funding system does not pay enough in adequacy grants and is, therefore, in violation of the state constitution. The Claremont state Supreme Court decisions from the 1990s found students have a right to an adequate education. That put the onus on lawmakers to define how much an adequate education costs and to come up with a fair way to fund it.

Ruoff’s decision, released in November, found the current adequacy grant of about $4,100 per pupil is too low and ought to be at least $7,300 per pupil. Ruoff left the final amount and funding mechanism up to the legislature. But Bradley said Ruoff’s decision puts New Hampshire on the road to an income tax. 

Worse, according to Bradley, it would force New Hampshire to revert to a donor town-type funding system where property taxes paid by homeowners in wealthier communities would be transferred to school systems in less-affluent cities or towns. That won’t happen while the GOP maintains control of the Senate, Bradley pledged.

“Between the 14 of us, an income tax, a sales tax, and donor towns are off the table,” Bradley said.

Some Democrats have already floated the idea of blocking the phase-out of the state’s tax on interest and dividends tax. Republicans say it’s just one step toward the longstanding goal of Granite State progressives to impose an income tax in the name of equity and social justice.

Gov. Chris Sununu is appealing Ruoff’s order to the New Hampshire Supreme Court. Bradley said it remains to be seen if the ConVal decision survives the appeal. 

Protecting New Hampshire’s strong economy and free way of life from a tax regime is one of the Senate GOP’s top priorities for the coming session, Bradley said.

“It’s vitally important that we protect hardworking men and women from higher taxes, allow small businesses to thrive, and maintain our economic status,” Bradley said.

Public safety is the second pillar of the Senate GOP’s agenda, he said, and that starts with bail reform. The House and Senate have competing proposals to fix the 2018 bail reform law. While it was supposed to end cash bail for non-violent offenders, it’s now blamed for returning violent criminals to the streets.

“Our bail system, with the best intentions several years ago, was reformed, and those reforms did not protect the public,” Bradley said.

Despite differences in the proposals, Bradley said he is optimistic a deal can be struck between the two chambers to fix the bail system one way or another. 

“I think the House has made a good faith effort,” Bradley said. “Nobody gets everything they want around here.”

The Senate is also looking to block sanctuary cities in New Hampshire, strengthen protections at the Northern Border, and pass mandatory minimum sentences for fentanyl traffickers, said Sen. Sharon Carson (R-Londonderry). 

The GOP agenda includes a parental transparency proposal that guarantees guardians access to school information about their children, a hotly-contested issue as some school districts insist teachers and administrators have the right to keep secrets – or even lie to – parents about their children’s behavior.

The senators will also push for local property tax relief, improvements to health care and mental health care, clean drinking water, investments in affordable housing, and a constitutional amendment to enshrine New Hampshire’s First in the Nation presidential primary into law. 

While the senators presented a united front for their agenda, there is a major fault line when it comes to marijuana legalization. Sununu reversed course last year by calling for the legislature to legalize recreational marijuana. Bradley admits the issue divides his caucus, but there will be a legalization effort this year he hopes everyone can agree to.

“There is the opportunity to get that done, but we’ll see what happens,” Bradley said.

Republican state Sen. Keith Murphy of Manchester faces charges of simple assault and criminal threatening after a fracas at his eatery, Murphy’s Taproom.

According to Manchester police, Murphy turned himself in Monday on a warrant for the charges stemming from the April incident.

According to Manchester police, Murphy was involved in an argument with an employee at his restaurant. When he filed a complaint with the police, the employee alleged Murphy menacingly used a chair, slapped him, and spat on him. Manchester police officials said the surveillance video they reviewed was consistent with the employee’s report.

Murphy, 47, used his Facebook page to comment on his arrest.

“I am innocent of these charges and look forward to my day in court. When the facts are known, it will be clear that the police have charged the victim in this case. I will be defending my name, reputation, and business through the legal process, and I defer all further questions to my attorney, Donna Brown.”

Murphy added, “The truth will come out in a few weeks. Withhold judgment until that happens.”

New Hampshire Democratic Party chair Ray Buckley called on Murphy to resign if convicted of the charges. But earlier this year, when previously convicted repeat offender Rep. Stacie Laughton (D-Nashua) was behind bars yet again, on stalking charges, Buckley did not demand a resignation until after the House held Organization Day.

Once it was clear Laughton would be unable to add to the party’s numbers in a closely-divided House, Buckley then called for the Democrat to resign.

State Senate President Jeb Bradley expressed his support for Murphy late Monday.

“I want to express my strong support for our colleague Sen. Keith Murphy following news of a workplace dispute with an employee,” Bradley said in a statement. “Sen. Murphy has been a leader in the business community and someone that has demonstrated the highest of character while serving in the Senate.

“Like every American, Sen. Murphy has the right to be presumed innocent, and we all look forward to a speedy resolution of this matter.”

Murphy, a former state representative, was elected to the state Senate in 2022 as a fill-in candidate. Republican Rep. Michael Yakubovich, a two-term state representative from Hooksett, won the primary and immediately dropped out of the general election due to health issues. Party officials named Murphy to be his replacement.

Murphy’s allies insist the employee, not Murphy, was at fault and that when the case is fully investigated, Murphy will be cleared.

Murphy is no stranger to brushes with the law. He told NHJournal last year he could potentially be called as a witness in the Ian Freeman money laundering trial after federal law enforcement agents seized a Bitcoin ATM inside Murphy’s Taproom connected to Freeman’s illegal business.

Freeman was convicted last year on numerous federal felonies related to his multi-million money laundering scheme that helped facilitate online scammers, according to court documents. Freeman is due to be sentenced later this year.

The bipartisan effort to make New Hampshire’s Medicaid expansion permanent got a push Wednesday as the Senate Health and Human Services Committee heard from people like Manchester’s Michelle Lawrence, who said the law allows her to get vital cancer care. 

Lawrence, who is suffering from a rare form of cancer, told lawmakers she was finally able to focus on her health once she received care through New Hampshire’s Granite Advantage plan.

“For the first time in my cancer journey, the primary focus in my care has not been on insurance and insurance costs,” Lawrence said. “I’m not getting up in the middle of the night having to think about delaying care or paying rent.”

Senate President Jeb Bradley (R-Wolfeboro) joined Nashua Democrat Sen. Cindy Rosenwald in urging the committee to approve SB 263, the bipartisan bill that would make Medicaid expansion permanent.

“I think our law is a good common-sense law and should remain in place,” Bradley said.

Making Medicaid permanent is part of Gov. Chris Sununu’s budget plan. Ben Vihstadt, Sununu’s communications director, said Sununu is ready to make sure the bill gets to his desk.

“Gov. Sununu worked with legislators in 2018 to deliver a five-year reauthorization of Medicaid Expansion in a fiscally responsible manner and supports this permanent step. He looks forward to working with the legislature this session to get this bill across the finish line,” Vihstadt said.

Granite Advantage, which currently provides health care to 94,000 residents, was last reauthorized in 2018 and is set to expire at the end of June. The current proposal will make the program permanent, meaning it will not have to come back for reauthorization if approved.

New Hampshire first expanded Medicaid in 2014 under President Barack Obama’s Affordable Care Act. Henry Lippman, New Hampshire’s Medicaid director, said the program is expected to decrease to about 64,000 enrollees by the end of the year as the COVID-19 emergency authorization is expected to be phased out.

Extending Medicaid to low-income Granite Staters has been economically beneficial to the state’s hospital system, according to Steve Ahnen, president of the New Hampshire Hospital Association. Uncompensated care for hospitals dropped to $69 million in 2021, down from $173 million in 2014.

Uncompensated care costs all Granite Staters, Ahnen argued, and the bills are generally passed on through higher premiums to those with insurance. Bradley said the program has cut this hidden tax while also bringing down the cost of insurance for everyone else. 

Business & Industry Association President and CEO Michael Skelton said keeping Medicaid expansion in place is good for businesses and people. Access to healthcare means employees won’t lose time to serious medical problems, and businesses that are already short-staffed will be able to4 remain open.

“A healthy population contributes to worker availability,” Skelton said.

And without Granite Advantage, New Hampshire could lose up to $500 million a year in federal funding while having to shoulder the costs of uncompensated care alone.

“We benefit from an overall healthier population,” Skelton said. “Hospitals and other caregivers avoid catastrophic loss of revenue and employers and employees across the state will benefit from individuals being healthy enough to work.”

Robert Dunn, director of public policy for the Roman Catholic Diocese of Manchester, made a moral argument for Medicaid expansion, saying the expanded coverage has likely saved lives. Speaking on behalf of Bishop Peter Libasci he urged the committee to support the permanent expansion.

“I think we can say it’s a pro-life measure,” Dunn said. 

Though the bill had bipartisan support in the Senate committee, there is resistance in the House of Representatives, sources say. And the influential Americans for Prosperity – NH opposes the move. State Director Greg Moore said the plan incentivizes people to earn less income in order to qualify for health care.

“This regressive policy works to keep people in poverty instead of lifting them out of – it is the opposite of the Live Free or Die way of life,” Moore said. 

But Moore’s position did not carry the day. The committee voted unanimously to approve the bill, sending it to the full Senate for a vote.