On June 26, 2018, the ACLU-NH filed a Chapter 91-A petition against the Town of Salem. This case concerns the ACLU-NH’s investigation into whether the Salem Police Department used its immense law enforcement power to intimidate two individuals who were potential witnesses against the Department in a pending criminal case, including one witness who recently spoke to the press. In May 2018, the ACLU-NH submitted two Chapter 91-A requests concerning this incident, and these requests were denied in light of a "gag order" issued in a criminal case. These denials led to this lawsuit, as well as the ACLU-NH's intervention in the underlying criminal case.
On August, 31, 2018, the Court vacated the "gag order," ruling that "this sweeping protective order violates the First Amendment to the United States Constitution and Part 1, Article 22 of the New Hampshire Constitution."