CONCORD, N.H. — On Friday, New Hampshire’s Supreme Court confirmed a lower court’s ruling that dismissed civil rights complaints aimed at a white nationalist organization. The group had faced allegations of trespassing for displaying “Keep New England White” banners from an overpass in 2022 without proper permits.
This ruling was the court’s first examination of the state Civil Rights Act, and it agreed with the previous judge’s findings regarding the prosecutors’ interpretation of the law, which was deemed excessively broad and unconstitutional.
The justices expressed concern that the state’s interpretation could punish individuals who unintentionally trespass on public property if their actions are linked to characteristics outlined in the law, such as race, color, religion, nationality, ancestry, sexual orientation, sex, gender identity, or disability.
The court stated, “Such a broad sweep discourages the expression of certain messages for fear of government sanctions under the Act based on the content of the messages expressed.” Additionally, the court found insufficient evidence to support the claims that members of the group knowingly trespassed.
While the attorney general’s office conveyed disappointment with the ruling, they acknowledged the court’s authority. Michael Garrity, a spokesperson for the office, stated that they remain committed to upholding the Civil Rights Act to protect Granite State residents from discrimination, violence, and hate-driven threats. The office will continue to seek ways to safeguard the rights and safety of local communities.
William Gens, the attorney representing the white nationalist group, expressed satisfaction with the ruling, asserting it upheld arguments made from the beginning. He criticized the attorney general’s interpretation, claiming it failed to provide sufficient clarity on what actions or speech could be seen as a violation of the statute.
The complaints had accused the Nationalist Social Club, also referred to as NSC-131, and two of its members of trespassing on public property, alleging that their actions were racially motivated when they displayed the banners over U.S. Route 1 in Portsmouth. Approximately ten individuals participated in the demonstration, and the complaints requested a judicial order to prevent the group and its members from engaging in threatening or discriminatory behavior for a period of three years.
NSC-131 has been described by the Anti-Defamation League as a neo-Nazi organization established in 2019 in New England. The group is known for promoting racism, antisemitism, and intolerance, composed largely of individuals with previous affiliations to other white supremacist organizations.
Furthermore, there is another pending complaint against NSC-131 filed by the attorney general’s office, alleging violations linked to a demonstration held outside a Concord café during a drag story hour event.
