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Hit with a free speech lawsuit for denying residents the ability to fly a historical, patriotic flag at City Hall, Nashua Mayor Jim Donchess seemingly retreated by repealing the public flag pole policy.

The repeal isn’t a white flag, the city’s attorneys insist. But lawyers for the residents who’ve brought the lawsuit say it’s a bait and switch to avoid legal peril.

Nashua resident Beth Scaer filed her lawsuit last month after the city refused to allow her to fly a Pine Tree Riot flag on City Hall’s “Citizen’s Flag Pole.” In its rejection statement, the city said the Pine Tree Flag, and a “Protect Women’s Sports” flag she attempted to fly previously, were “not in harmony with the message that the city wishes to express and endorse.”

After the lawsuit was filed, Donchess quietly ended the city’s long tradition of having a public flagpole, declaring that in the future, Nashua’s government would decide what flags would and wouldn’t fly and do so without community involvement.

But that repeal, done without any public input or approval from the city’s Board of Alderman, isn’t enough to get out of legal trouble, insists Scaer’s attorney, Nathan Ristuccia, with the Institute for Free Speech.

“This abrupt change is a transparent attempt to avoid judicial scrutiny, but it cannot moot the Scaers’ claim for injunctive relief,” Ristuccia said in a court filing this week.

Ristuccia said the repeal was simply cover for Nashua to engage in censorship by silencing the views of residents who do not walk in lock-step with the administration. But repealing the policy doesn’t fix anything, he wrote. In fact, Nashua and Donchess have said they don’t plan to stop controlling speech through City Hall, according to Ristuccia.

“If this Court does not grant relief, Defendant Donchess could restore the old policy just as easily as he repealed it. Indeed, a spokesman for Nashua has publicly ‘denied that the mayor had made any change to the cityʼs flagpole policy’ and stated that Donchess was ‘merely clarifying the existing policy,’” Ristuccia states in his motion.

Those statements were made to NHJournal by Steven A. Bolton, the city’s corporation counsel.

The existing policy for City Hall Plaza Events uses the same language as the now-repealed flag policy in order to control the message people are allowed to express, according to Ristuccia.

“Defendants use a City Hall Plaza Events policy that is almost identical to the 2022 flag policy … Ceremonies at the City Hall Plaza are permitted only if the ceremony’s message is ‘in harmony with city policies and messages that the city wishes to express and endorse’ and in ‘the City’s best interest,’” Ristuccia wrote.

The lawsuit stems from Scaer’s request to fly what is known as the “Appeal to Heaven” flag, featuring that phrase (from philosopher John Locke) and a pine tree. The pine tree is also a reference to the 1772 Pine Tree Riot, which took place in Weare, N.H., and is widely viewed as one of the first skirmishes in the American Revolution.

City officials denied the request, but they did not explain why they found the flag objectionable.

The Citizen Flag Pole in Nashua allowed any resident to apply for a permit to fly a flag at City Hall. Past flags have celebrated Pride Month, Indian Independence Day, Brazilian Independence Day, Greek Independence Day, International Francophonie Day, and the anniversary of the founding of Nashua’s Lions Club.

But Scaer says the city started censoring her in 2020 when her flag with the message “Save Women’s Sports” was removed after flying for one day due to complaints from City Councilor Jan Schmidt. In February, she was again denied when she sought to fly a flag supporting people who detransition after a sex change procedure. The denial stated the message was “not in harmony with the message that the City wishes to express and endorse.”

United States District Court Judge Steven McAuliffe gave a partial win Tuesday to parents suing the Bow School District after being punished over holding a silent demonstration in support of protecting girl’s sports.

Bow High School parent Kyle Fellers can now go to his daughter’s soccer games, but he can’t wear the pink “XX” wrist band that got him and three other parents in trouble last month. Fellers and Anthony “Andy” Foote were slapped with no trespassing orders by Bow school officials for engaging in a silent protest at the Sept. 17 game.

McAuliffe said while there are complex nuances to the case that need to be sorted out, it’s clear the school was violating the First Amendment rights of the four adults at the game.

“You can’t suppress free speech based on whether you think it’s appropriate,” McAuliffe said.

Fellers, Andy Foote, Nicole Foote, and Eldon Rush are seeking the right to keep wearing pink “XX” armbands to games, but McAuliffe said both Bow’s attorney, Brian Cullen, and attorneys for the parents need to show more evidence and legal arguments to make the case. An evidentiary hearing will be set for November.

Cullen and the district argue the school can set limits on free speech in order to protect students from harassment and other harms. But given the facts before him, McAuliffe wasn’t sold that the school showed it was protecting anyone from any real harassment.

“How is wearing a pink wristband harassment?” McAuliffe asked.

Attorney for the parents Endel Kolde, with the nonprofit Institute for Free Speech, said school officials are punishing people who hold unpopular views.

“Everyone knows if they wore rainbow wristbands in support of trans students, or if they wore blue and gold wristbands in support of the war in Ukraine, nothing would have happened,” Kolde said.

The district was on high alert heading into the Sept. 17 game as Bow was set to host Plymouth High School where transgender student Parker Tirrell plays on the girl’s soccer team. Tirrell won an injunction on Sept. 10 against the state law that bans biological males from playing on girl’s teams.

Cullen said Bow had an obligation to keep Tirrell from being harassed by rowdy, crude protests or heckling. But according to Kodel, few people, including Tirrell, knew about the wristbands until school officials confronted the parents and ordered them to remove the offending accessories. The protest coincided with the Plymouth game, but it was in no way directed at Tirrell, Kodel said.

McAuliffe said while there is not enough evidence on the record to determine what, if any, harm was done by the protests, the pink wristbands on their own symbolize a non-bigoted viewpoint that is still open for debate, that girl’s sports is a space for biological girls. 

Even if Tirrell was aware of the wristbands during the Sept. 17 game, it does not automatically rise to the level of an offense that requires the school to step in and curb the constitutional rights of adults.

“Surely, it’s not harmful for a trans student playing on a girl’s team to know there are people who don’t think they should be playing on the girl’s team,” McAuliffe said

After the Bow School District slapped them with a no trespass order over wearing pink wristbands to their daughters’ soccer game in support of girls-only sports, Anthony “Andy” Foote and Kyle Fellers filed a lawsuit defending their right to free speech.

On Tuesday, Fellers will be in court asking a federal judge to remove the no trespass order banning him from his daughter’s activities, hours before her next home soccer game.

The Institute for Free Speech and local counsel Richard Lehmann will argue in favor of a temporary restraining order to block the district’s ban. The hearing is set for 2:30 p.m. Tuesday in the United States District Court in Concord.

The next Bow soccer game is scheduled for Tuesday at 6:45 p.m.

“We just want a dad to be able to see his daughter play high school soccer,” Lehmann told NHJournal. “The idea that someone gets punished for holding views that are unpopular with people at the top of the local power structure is un-American, and it should end. Now.”

The lawsuit was filed by Fellers, Foote, Foote’s wife Nicole, and Eldon Rash, all Bow residents.

On Sept. 17, when Bow was facing Plymouth Regional High School, Fellers and Anthony Foote showed up wearing pink wristbands with “XX” written on them, symbolizing the two X chromosomes women have. Plymouth has a biological male on its girls soccer team.

During the game, school officials, along with Bow Police Lt.  Phil Lamy confronted the parents and demanded they remove the wristbands or leave. When the parents refused, citing their First Amendment rights, they were threatened with arrest for trespassing. The referee then stopped the game and said Bow High School would forfeit if the plaintiffs did not remove their wristbands.

The no trespass order against Foote expired after a week, but the one filed against Fellers extends through the entire fall season. Not only does it ban him from future soccer games, it also bars him from going to any school event, sports related or not. It even keeps him from being able to do things like picking up his children from after-school practices, according to the complaint.

The Bow School District is scrambling to fix its apparent free speech violation, according to the motion filed to support the TRO. Since the Sept. 17 game, the district created a new “free speech zone” at home games, restricting any protests or demonstrations to an area near the scoreboard that is 50 yards away from the field.

The new policy also limits the times people are allowed to use the “free speech zone” to 30 minutes before and after games, and the policy limits the number of people allowed to take part to no more than 50 people at a given time. 

The lawsuit names Kelley and Lamy as defendants along with Bow High School Principal Matt Fisk, Bow Athletic Director Mike Desilets, and soccer referee Steve Rossetti. 

For years, the University of New Hampshire had a reputation for fostering free speech and a diversity of ideas on campus. But that reputation has been under assault of late, and now its standing in the latest Foundation for Individual Rights and Expression (FIRE) annual rankings for campus speech has fallen from third in the nation to 59th.

“I did not expect such a drop,” State Rep. Daniel Popovici-Muller (R-Windham) told NHJournal. He was the prime sponsor of a new law protecting free speech on campus passed earlier this year.

As disturbing as UNH’s fall may be, it still hasn’t hit Ivy League levels. The university with the worst free-speech climate in the country is right across the state line in Massachusetts: Harvard.

“Harvard University retained its position as the lowest-ranked institution for free speech for the second consecutive year,” according to the report. “Harvard, Columbia University, New York University all received an ‘Abysmal’ rating for their speech climates. The University of Pennsylvania and Barnard College round out the bottom five.”

Dartmouth College was ranked 224, one of the 30 worst-performing schools in the country.

The top five states: University of Virginia, Michigan Technological University, Florida State University, Eastern Kentucky University, and Georgia Tech. UNH, on the other hand, maintains pro-speech policies, according to the FIRE report, but the latest student survey exposes troubling trends. FIRE’s free speech report found a huge majority of UNH students (77 percent) support shouting down speakers with whom they disagree. Another 42 percent indicated using violence to stop speakers they disagree with is sometimes acceptable. 

A UNH representative told NHJournal the university has an excellent free speech climate, as evidenced by the many events held on campus.

“The University of New Hampshire has a long and proud history of supporting the First Amendment. Over the course of the last school year, UNH permitted a variety of Free Speech events across the ideological and political spectrum,” UNH Executive Director of Public Relations Tania deLuzuriaga said.

But the ACLU of New Hampshire criticized how UNH handled anti-Israel protests on campus, using the police to stop pro-Palestine protesters from setting up a large-scale “encampment” on campus. While police ended up arresting 12 people during the May protests, but all but one of those charged had their cases dropped. 

Popovici-Muller worked with FIRE and UNH when he created the free speech protection law (HB1305), signed into law by Gov. Chris Sununu this summer. When he first started working on the issue in 2023, Popovici-Muller said, conservative and religious groups were being silenced at the school. 

“There has been a pattern of certain groups being treated differently from others when it comes to free speech,” he said.

The Christian group Free Exercise Coalition (FEC) had to lawyer up and file a federal complaint when it was denied official recognition as a student group at the University of New Hampshire Franklin Pierce School of Law by the Student Bar Association (SBA) last year.

State Rep. Ellen Read (D-Newmarket) is one of a handful of Democrats who supported Popovici-Muller’s bill. She was a bit taken aback that more Democrats were not on board. The right to protest was instrumental in the fight for liberal ideals like civil rights, women’s liberation, and against the Vietnam War, she said.

“Free speech is a liberal, leftist concept going all the way back to John Locke,” Read said. “We need to uphold those values. If one side can violate basic rights, that will be used against us as soon as the power shifts.”

New Hampshire Democrats who saw Popovici-Muller’s bill as only benefiting conservatives changed their minds when the pro-Palestinian protests started, Read said.

It shouldn’t matter what the viewpoint of any particular group or individual happens to be, Popovici-Muller said. A public institution like a university must respect everyone’s right to speak and assemble. 

“You cannot stack the deck. If you have the power to stack the deck today in your favor, in the future it will be stacked against you,” he said. “The university is facing a very challenging environment where lots of people don’t understand treating all speech equally regardless of its content.”

Exeter High School Athletic District Bill Ball said the school respects all students.

But the attorney for an Exeter student who was punished for expressing his opinions about gender said the school needs to respect the rule of law.

During the bench trial in Rockingham Superior Court, Ball and Assistant Exeter High School Principal Marcy Dovholuk explained why they punished a Catholic student for what was a private text sent outside of school.

The football coach benched the freshman student for one game in 2021 over a discussion he had with a classmate. He is seeking $1 in damages. He also wants Ball to admit wrongdoing. The student insists he was punished for defending his view that there are only two genders, male and female.

His attorney, Richard Lehmann, told NHJournal Exeter is another example of New Hampshire school districts running roughshod over anyone who disagrees with the new, extreme gender mores.

“It’s bad enough that children are made to feel uncomfortable expressing traditional views on matters related to gender in school,” Lehmann said. “Or when schools announce they will lie to parents about their children’s in-school gender expression, as Manchester, Exeter, and other schools do. But it’s made even worse when schools reach beyond their gates and into children’s private lives and seek to control their behavior at home or in private communications with other kids that happen entirely outside of any context related to the school,” Lehmann said.

Lehamann’s client, John Doe, is using a pseudonym to protect his identity. He has since left Exeter and is enrolled at a Catholic high school. Doe testified he was talking with friends on a bus after school about another student who claimed to be “non-binary” during Spanish class. Doe testified he thought that odd since the Spanish language relies on feminine and masculine genders.

The non-binary student was not involved or aware, of the conversation at the time.

Instead, a female classmate who was not part of the conversation later confronted Doe, insisting that humans come in more than two genders. Doe and this female student then got into a heated conversation, with Doe arguing the mainstream stance that there are two sexes. Doe based this view on both science and his religious beliefs.

The girl texted him later that evening to continue the argument. At one point, Doe told the girl to “STFU,” which he testified was an attempt to be funny.

The next day, Doe was called in by Dovholuk and informed he would be punished for the conversation he had the night before over text. Dovholuk claimed the punishment was for bullying and bad language and not Doe’s beliefs regarding gender.

“At Exeter, we respect people, and we respect how they identify,” Dovholuk reportedly said.

Ball testified he told Doe, “We respect all.”

Lehmann said the United States Supreme Court already ruled that schools cannot punish students for things they say off campus. In June 2021, the High Court ruled against a Pennsylvania high school that suspended cheerleader Brandi Levy for using the f-word in a social media video about the cheer team.

“Three months before the facts of this case arose, the United States Supreme Court dismissed an athletic sanction imposed by a coach because the authority of the athletic department to penalize students for engaging in free speech could only extend to off-campus, non-school activities in rare circumstances,” Lehmann said.

In its ruling, the Supreme Court ruled that school districts cannot police students’ speech when they are not in school.

“From the student speaker’s perspective, regulations of off-campus speech, when coupled with regulations of on-campus speech, include all the speech a student utters during the full 24-hour day. That means courts must be more skeptical of a school’s efforts to regulate off-campus speech, for doing so may mean the student cannot engage in that kind of speech at all,” the justices wrote.

The Doe case is now being considered by Judge Andrew Schulman, who is expected to render a verdict in the coming weeks. Doe is doing well at his new school, Lehmann said.

“He is a great kid from a terrific family, and Exeter High School is a lesser place because of his absence.”

Granite State college students enjoy greater freedom of speech at the University of New Hampshire than their peers at the prestigious Ivy League school, Dartmouth College.

The annual college rankings released this week by the Foundation for Individual Rights and Expression, or FIRE, puts UNH third nationally, trailing only Michigan Tech and Auburn.

UNH President James W. “Jim” Dean Jr. said the school takes its responsibility to foster speech seriously.

“Free speech is one of the most fundamental American constitutional rights. As a public university, UNH protects and promotes this value by ensuring our students can be exposed to new and different ideas that will hopefully inspire growth and intellectual curiosity,” Dean said. “This new report from FIRE validates the work we have done and will continue to do to foster an environment where free speech can flourish.”

Meanwhile, Dartmouth, one of the most exclusive — and expensive — colleges in America, ranks near the bottom: 240 out of 248.

That’s a major drop-off for Dartmouth, which came in at 63 in 2021 and 83 in 2022.

According to data compiled by FIRE, a big reason behind that wide gap is UNH students don’t think it is acceptable to shut down controversial speakers, while Dartmouth students are OK with censorship.

FIRE’s Director of Polling and Analytics, Sean Stevens, said students at elite schools like Dartmouth, Harvard University (248), Northwestern (242), and Georgetown (245) are more inclined to prevent speakers they don’t like from being heard on campus The common denominator is those schools are predominately liberal

“There’s this elite culture to be tolerant, but most of those schools do poorly on the disruptive conduct survey,” Stevens said. 

As part of the review process, students were surveyed about how comfortable they felt speaking about controversial topics on campus and in class. They were also asked if shutting down speakers through protest, disruption, or even violence was ever acceptable.

“As you get more and more liberal on the spectrum (the students) are more likely to say those things are at least rarely acceptable,” Stevens said.

One of the findings: Many college students think shouting down a speaker is acceptable behavior, even at schools that rank highly. At UNH, just 44 percent of students said shouting down a speaker to prevent them from speaking on campus is always unacceptable. 

At Dartmouth, however, that dropped to 26 percent, meaning most students believe in stopping speakers they don’t like. That comes as no surprise to center-right students at Dartmouth. 

Last year, conservative journalist Andy Ngo’s scheduled in-person appearance at Dartmouth was canceled after a deluge of online threats from leftwing opponents. In 2020, more leftist threats of violence forced the cancellation of Republican U.S. Senate candidate Corky Messner’s scheduled speech on the need for border security to halt the flow of opioids into the U.S.

Stevens cited the Ngo and Messner events as reasons for Dartmouth’s poor ranking.

“They can’t undo the disinvitations, but they can do better,” Stevens said.

In contrast, UNH stood by a controversial group over objections from liberal students, Stevens said. In March, students staged a walkout after the Christian Legal Society student group planned a vigil for victims of a Tennessee school shooting. UNH liberal activists accused the Christian group of engaging in anti-transgender hate. The Tennessee shooter identified as transgender.

UNH also announced Wednesday that Dean is retiring as president on June 30, 2024.

A Christian student organization has filed a complaint with the federal Department of Education over alleged unfair treatment on the campus of UNH Law School, largely at the hands of their fellow students who want the group shut down. Another group is facing protests over an email invitation to a vigil for the victims of the mass shooting at a Christian school.

It has become part of a larger national debate over the Biden administration’s decision to end a policy protecting religious liberty on campus.

According to the complaint, the Free Exercise Coalition (FEC) was denied official recognition as a student group at the University of New Hampshire Franklin Pierce School of Law by the Student Bar Association (SBA) last year. While the group met all the requirements, SBA members attacked its leadership as “hateful bigots,” “oppressors,” and “a problem for the law school.”

The March 23 complaint was filed by First Liberty Institute, a non-profit legal organization promoting religious freedom in public spaces. It reports the attacks on FEC students were so heated that “the FEC’s faculty advisor withdrew as advisor following the meeting. As of the date of this letter, the Coalition is still seeking a faculty advisor.”

When the organization’s application for recognition came up again in January, the SBA simply refused to hold a vote. While UNH Law has a range of student organizations, from the Diversity Coalition to Secular Students Alliance to the UNH Law Pond Hockey, the SBA would not even consider the Christian group’s application.

This apparent discrimination created a legal issue for UNH law, and the administration was forced to step in and grant the FEC’s request for recognition. But the trouble didn’t end.

In February, FEC members noted other campus groups were flying flags expressing political messages, such as the Pride flag or the Black Law Student organization’s flag, and asked permission to fly the Christian flag. They were denied and told instead they could post the flag on a “display board” instead, according to the complaint.

“The Free Exercise Coalition merely seeks to be treated like other student groups on campus. Instead, they are held to a different standard and, along with other people of faith in the community, are left feeling ostracized and insulted because of their religious beliefs.”

It’s not just the FEC. UNH Law students marched in protest last week over an email from the school’s Christian Legal Society calling for a vigil in the wake of the March 27 shooting at a Christian elementary school in Nashville, Tenn. The invite included details about the attack, noting the school shooter was a transgender person who intentionally targeted Christians.

“Nashville school shooter Audrey Hale identified as transgender and had a detailed manifesto to attack the Christian academy. By all accounts, this terrorist attack on a Christian school was motivated by anti-Christian hate,” the Christian Legal Society invitation stated.

In fact, the contents of Hale’s manifesto or the nine journals police found at Hale’s home have not been publicly disclosed.

The email went on to reference rising violent rhetoric coming from those in, and aligned with, the transgender community, often directed at Christians and used to intimidate people who disagree.

“Unfortunately, these tactics and rhetoric are not isolated to the national conversation. At UNH Law, students and others have similarly maligned Christian students and CLS as bigoted, hateful, or unfit for public recognition or acceptance,” the invitation stated. “If this tragedy was animated by such ideas and rhetoric, there needs to be much soul-searching by those who endorse similar ideas. Giving into these ideas is not compassionate; it is dangerous.”

Some students complained to UNH administrators and urged them to take action against the CLS. When the administration refused, citing First Amendment protections, students staged a walkout, chanting, “UNH stands against hate!”

“These statements were violent, and the university has only had quiet responses up until this point,” said law student Sydney Reyes in the Concord Monitor. “Without recognizing what has been experienced on campus as violent, I don’t think quiet responses are addressing it; it’s time to be loud.”

But in a written response, UNH Law School Dean Megan Carpenter defended the school’s free speech stance.

“As a guiding principle as an institution of higher education, we are committed to the free and open exchange of ideas, active discourse, and critical debate. All members of our community have the right to hold and vigorously defend and promote their opinions,” Carpenter wrote. “The exercise of this right may result in members of the community being exposed to ideas that they consider unorthodox, controversial, or even repugnant.”

Carpenter went on to write that the Christian Legal Society has the right to exist as a recognized entity on campus, though the administration does not necessarily endorse its views. She wrote that students have to learn to live with people with whom they disagree.

“The university and UNH Franklin Pierce honor sexual and gender diversity, and we also support the right for our members to freely express their sincerely held religious beliefs. Sometimes these principles and beliefs will come into opposition,” Carpenter wrote.

The University of New Hampshire has one of the highest rankings in the nation from the free-speech organization FIRE (Foundation for Individual Rights and Expression.)

Still, supporters of religious liberty remained concerned about what they see as an anti-First Amendment ethos on college campuses nationwide. Last month a group of congressional Republicans wrote to the federal Department of Education asking it to end plans to rescind a rule making it easier for faith-based student organizations at public colleges to raise discrimination claims.

The 2020 rule established a hotline where free exercise violations could be reported, and committed the department to act on complaints.

The only protestor convicted for protesting COVID-19 lockdowns in front of Gov. Chris Sununu’s home is taking his case to the New Hampshire Supreme Court.

Frank Negus Staples, aka Foot Loose, is appealing his conviction on one count of disorderly conduct for his role in the protests outside the homes of Sununu and Chief Justice Gordon MacDonald. He was among nine people arrested during the protests, and the only one convicted.

“We were all found not guilty of ‘picketing,’” Staples said. “I was found guilty of ‘disorderly conduct.’”

NHJournal reporter Chris Maidment was arrested during the protests and charged with picketing, despite identifying himself to authorities as a journalist on assignment. NHJournal earned a First Amendment award from the New Hampshire Press Association for its work on the story, and the charges were dismissed before the case went to trial.

MacDonald, who was New Hampshire’s Attorney General at the time of the protests, has recused himself from the case according to Staples. MacDonald’s Department of Justice was instrumental in creating the picketing ordinance used to charge the protestors.

“Gordon MacDonald has recused himself from the case due to his direct involvement in the creation of the town ‘picketing’ ordinance and how to enforce it,” Staples said.

The New Hampshire Supreme Court accepted Staples’ appeal as part of the dozens of cases accepted in November. A hearing date has not been set.

After Sununu started conducting government business from his home due to the pandemic, opponents of the governor’s COVID-19 policies started protesting in the street outside. Sununu and his neighbors expressed their unhappiness with the crowds of sign-waving demonstrators in their cul-de-sac, but the protestors were on public property.

In response, the town Board of Selectmen, including Sununu’s brother Michael, drafted an anti-picketing ordinance designed to discourage — if not prevent — the protests. Three members of the Sununu administration, including Department of Safety Commissioner Robert Quinn, testified on behalf of the protest ban at a December 8 select board meeting.

The language for the ordinance came directly from the Attorney General’s Office, according to emails obtained by NHJournal.

Concord attorney Seth Hipple, who represented several of the protesters, including Maidment, told NH Journal last year that the government is holding a losing hand.

“The prosecution’s case was a dumpster fire,” Hipple said.

None of the arresting officers were able to individually identify any of the protesters who were charged, and they were unable to specify what actions the protestors took that violated the law, according to Hipple.

Staples, who told NHJournal people do not like it when he gets loud, was a fixture at anti-COVID lockdown protests throughout the pandemic. He was among several people arrested at an Executive Council Meeting last year who were protesting a federal contract to pay for COVID vaccines.

Staples was also the lead protestor at the September 2021 Executive Council meeting that was shut down because of safety concerns.

Staples made statements to New Hampshire Department of Health and Human Services employees that they deemed threatening.The employees were unnerved and subsequently escorted to their cars by New Hampshire State Police Troopers. Staples, who was shouting and acting in an aggressive manner through the meeting denies he meant a threat when he shouted “we know where you live” to the DHHS employees.

Staples and several other protestors at the September 2021 Executive Council meeting were investigated by Attorney General John Formella’s office, but no charges were ever brought.

University of New Hampshire College Democrats seem to be getting help with turnout for their events from the school’s political science department, though its chair denies any bias. 

When the UNH Political Science Department sent out a notice informing students of an upcoming Get Out the Vote rally featuring Democrats Sen. Maggie Hassan and Sen. Elizabeth Warren, College Republican President Carson Hansford took exception.

“I was shocked when I saw the notice,” Hansford said.

The department regularly sends students notices about events on campus featuring political figures. The notices typically state they are not endorsements of any political side, and the department does not sponsor the events in any way. But Hansford said institutional bias seems to be at work.

Last spring, the College Republicans hosted GOP congressional candidate Karoline Leavitt as part of her “Wake up Gen Z College Tour.” Hansford sent an email about the event to the address for the department listed in the school’s directory. He never heard back. The department never sent a notice to students about the Leavitt appearance he said.

“I had not received an email in reply, so I had forgotten about it and had assumed that the department did not want to advertise anything that was political,” Hansford said. “Yesterday … the political science department sent an email advertising Sen. Hassan and Sen. Warren coming to campus on Friday for a GOTV (get out the vote) event, even sending out the Democrat’s link to sign up for it.”

Hansford said there is a general liberal bias on campus among students, and that he and his fellow College Republicans deal with regular snarky comments when they hold public events.

“People say to us we’re the worst thing ever, things along those lines,” Hansford said.

Jeannie Sowers

Jeannie Sowers, the department chair, told NH Journal the issue of the notices from her department is not a story, and that Hansford was wrong to speak to the media about his concerns.

“I do not appreciate students reaching out to the media and trying to create a controversy where none exists,” Sowers said.

When asked about the Leavitt event, Sowers feigned ignorance.

“I do not know who that is,” Sowers said of the GOP rising star who is facing off against Rep. Chris Pappas, D-Manchester, in next week’s closely watched election with national implications.

Sowers said the department has a rule not to send out notices about people who are merely candidates and instead focuses on sitting elected officials regardless of party.

“Sitting elected officials are more likely to get notice,” Sowers said.

Sowers faulted Hansford for not reaching out to the department with his concerns and cast doubt on whether he ever sent the department a notice about his event. She also suggested Hansford may have requested some type of sponsorship from the department for the event, which would have been against policy.

Hansford, a political science undergrad, said he did not ask for any kind of endorsement or sponsorship. As for the distinction about sitting elected officials getting priority over candidates, Hansford said the department sent out notices about Democratic presidential candidates like Beto O’Rourke and Sen. Bernie Sanders during the presidential primary season.

UNH is ranked 16th in the nation for free speech on campus by the Foundation for Individual Rights and Expression (FIRE), but that was down from 3rd just a year earlier.  Katelyn Regan, head of the UNH Students for Life chapter, recently told NH Journal her pro-life organization has been subject to threats and intimidation on campus, mostly from pro-abortion students.

“We have had the police called on us a bunch of times,” Regan said.

Leavitt has run into stumbling blocks on New Hampshire campuses throughout her campaign. Last summer, Southern New Hampshire University imposed restrictions on the audience for an appearance by Leavitt hosted by the campus College Republicans. The administration acknowledged it singled out Leavitt for being “controversial.”

“Our policies are compliant with both state and federal laws and allow for the free flow of information and ideas while ensuring campus safety,” said SNHU spokesperson Siobhan Lopez.

Dartmouth College’s standing as a campus that supports diversity of opinion and expression fell again this year, down 20 places in the newest ranking of campus free speech from the Foundation for Individual Rights and Expression (FIRE).

Earlier this month, FIRE released its findings from “the largest survey on student free expression ever conducted.”

“That so many students are self-silencing and silencing each other is an indictment of campus culture,” said FIRE Senior Research Fellow Sean Stevens. “How can students develop their distinct voices and ideas in college if they’re too afraid to engage with each other?”

Or, as the report concluded, “Sayonara, debate and disagreement; hello, campus kumbaya.”

New Hampshire’s Ivy League school pulled a Gentleman’s C in last year’s ranking, coming in at number 63 in the nation. But this year, Dartmouth dropped even lower, to number 83 — below the state universities of Idaho, Indiana, and Alabama.

And while the University of New Hampshire fares far better at number 16, which was a drop from number three last year.

“The University of New Hampshire remains steadfast in its commitment to the principles of free speech and academic freedom and are pleased to know FIRE recognizes our work to protect these freedoms while encouraging openness and civility,” said Erika Mantz, executive director for UNH Media Relations.

FIRE reports college students and faculty at schools across the country face extreme challenges to the free expression of ideas.

“Alarming proportions of students self-censor, report worry or discomfort about expressing their ideas in a variety of contexts, find controversial ideas hard to discuss, show intolerance for controversial speakers, find their administrations unclear or worse regarding support for free speech, and even report that disruption of events or violence are, to some degree, acceptable tactics for shutting down the speech of others,” the report states.

Dartmouth’s administration did not respond to a request for comment, but students who anonymously reported to FIRE say the school campus is ruled by “mob mentality” and students live in ideological echo chambers. According to FIRE, for every one conservative student, there are roughly 4.3 liberal students.

“Mob mentality situations occur all the time in a small campus like Dartmouth. From minimal things to huge issues, there is a main way of thinking that if you do not conform to, you are alienated,” one student said.

Another student said they feel uncomfortable confronting the racism they experience at the school.

“I am a person of color who often has to hear White people make comments that come off as tone deaf or performative and I do not feel comfortable saying something about it,” the student said.

One student told FIRE they are unable to express their support for the nation of Israel due to fears over anti-semitism.

“Sometimes feel stigma against saying that I support Israel. People paint it as being against human rights and I’ve personally seen antisemitism attached to the subject occur on college campuses,” the student said.

According to FIRE’s report, only 27 percent of Dartmouth students say shouting down a speaker to prevent them from speaking on campus is never acceptable. At UNH, that number is 44 percent. Both represent a minority of students.

FIRE’s Vice President of Research, Adam Goldstein, said schools need to set the example early in the school year that free speech is the norm on campus.

“FIRE’s top-ranked school, the University of Chicago, starts by sending letters to incoming students explaining the value of free expression,” Goldstein said. “Reinforcing those messages through orientation programs and official policy statements makes sure the message lands. Reforming any anti-speech policies, like restrictive protest or internet use policies, will show students that the administration is walking the walk. And FIRE is ready to help with all of that.”

FIRE got involved at Dartmouth last year after allied threats of protestors shut down a planned speech by conservative speaker Andy Ngo at Dartmouth College.

Dartmouth canceled the Jan. 20 event hosted by the campus chapters of the College Republicans, Turning Point USA, and Network of Enlightened Women, forcing it online because of unspecified “concerning information” from the Hanover police.

However, documents obtained by both NH Journal and FIRE indicate police never thought that the planned protest presented a credible threat.

Hanover Police Chief Charlie Dennis told FIRE in a letter that his department “did not make a recommendation to Dartmouth College regarding the January 20th event.”

Dartmouth responded to the controversy by charging the Dartmouth College Republicans Club a $3,600 security bill.

Goldstein said students should know they have options to protect their speech, and that FIRE will help.

“Students who feel their rights aren’t being respected can call FIRE for help–that’s the easy answer here and it’s never the wrong answer because even if we can’t help in a specific situation, we might have some ideas about who can. But generally speaking, the first step is going to be to go to the administrator, board, or student group that’s not respecting those rights and ask them to reconsider,” he said. “Most speech restraints are created by well-intentioned people focused on something other than freedom of speech and bringing speech to their attention can go a long way.”