CONCORD, N.H. - Today, the New Hampshire Supreme Court affirmed a lower court decision that ruled that a Union Leader op-ed published on June 18, 2021 by writer and activist Robert Azzi did not constitute defamation because it amounts to protected political opinion.
The ACLU-NH, New England First Amendment Coalition, and GLBTQ Legal Advocates & Defenders filed a friend-of-the-court brief before the New Hampshire Supreme Court in support of Robert Azzi and the Union Leader Corporation in this case. Mr. Azzi was represented by Michael Lewis of Rath, Young and Pignatelli, P.C., and the Union Leader Corporation was represented by Kathleen Sullivan of Malloy & Sullivan.
In today’s decision, the Supreme Court summarized the trial decision that it affirmed:
“After reviewing the challenged statements, the trial court concluded that each amounted to non-actionable opinion, not premised on any undisclosed defamatory facts, and dismissed the claim. In doing so, the trial court declined to take judicial notice, as requested by the defendants, of the debate surrounding “Critical Race Theory, as well as the debate surrounding what is meant by white supremacist or white supremacy,” concluding that it did not need to do so in order to make its decision. It also declined to address whether the plaintiff “can properly be considered a public figure or official.” In addition, having found that the statements were non-actionable opinion, the trial court declined to address the defendants’ constitutional arguments.”
The Supreme Court further explained: “Although we have not had cause to consider whether characterizations like the terms ‘racist’ or ‘white supremacist’ can be considered actionable under a theory of defamation, numerous other jurisdictions have considered the question …. We find the reasoning of these cases persuasive. Reading the op-ed as a whole, we agree with the trial court that the op-ed merely expressed the author’s political opinions and beliefs that he individually held about the plaintiff and others not based on any undisclosed defamatory facts.”
“Today’s ruling is a victory for free speech and freedom of press rights in the Granite State and affirms that defamation law may not be used to punish ordinary people for debating matters of public concern in a public forum like the Union Leader opinion section.” said ACLU of New Hampshire Legal Director Gilles Bissonnette. “People and the press – despite pressure and intimidation from those with financial resources who vehemently disagree with them – have a First Amendment right to voice their opinion without fear of litigation from those who seek to stifle criticism.”
“This is a free speech win,” said NEFAC Executive Director Justin Silverman. “Our democracy depends on robust and often provocative political speech about matters of public concern. Today’s ruling gives us breathing room to share those opinions without fear of being dragged to court simply because someone disagrees with what we say.”
“Today’s ruling affirms that our defamation laws are not intended to stifle public discussion on important issues,” said GLBTQ Legal Advocates & Defenders Senior Staff Attorney Chris Erchull. “Talking about inequality is essential to fighting against inequality. In order to dismantle structural racism, we need to be able to talk about it, and this decision reminds us that we have the right, in addition to the obligation, to have that conversation, whether in the newspaper or in the classroom.