The American Civil Liberties Union of New Hampshire has returned to court, fighting for Exeter resident Robert Frese’s right to say the town’s former police chief “covered up for a dirty cop” without fear of criminal penalties.
ACLU-NH is challenging the constitutionality of New Hampshire’s criminal defamation law, presenting oral arguments Thursday in the U.S. Court of Appeals for the First Circuit.
Frese was arrested in May 2018 and charged with criminal defamation of character after posting online comments on a Seacoastonline.com story about a retiring Exeter police officer, and claiming, without evidence, that then-Exeter police chief Bill Shupe covered up for the officer’s alleged misconduct.
ACLU-NH asked a three-judge panel to reverse the U.S. District Court of New Hampshire’s decision to dismiss its lawsuit against the state attorney general’s office seeking to void the state’s criminal defamation law. ACLU-NH wanted the appeals court judges to remand the case back to U.S. District Court because it was denied discovery of specific evidentiary records in criminal defamation convictions throughout the state.
To read the full story, go to www.seacoastonline.com.