Criticizing public officials is practically a national pastime in America. Yet, in New Hampshire, the state with the motto of “Live Free or Die,” such a speaker risks criminal prosecution. Speakers in 16 other states do, too.
Cancel Culture concept or cultural cancellation and social media censorship as canceling or restricting opinions that are offensive or controversial to the public with 3D illustration elements.
Although the police later dropped the charges, that’s almost beside the point: The fact that this “crime” exists at all harms the speech rights of anyone subject to it. Even though criminal libel laws are rooted in the English Star Chamber and bear a striking similarity to a portion of the heinous Alien and Sedition Acts of 1798, the Supreme Court has never ruled such laws unconstitutional. It should have taken Frese’s case and done so, removing this affront to free political speech from our legal landscape.
Circuit Court Judge O. Rogeriee Thompson, who felt compelled to uphold the law under Supreme Court precedent, wrote a concurring opinion warning that it was “out of touch with reality to suggest these laws are not being selectively harnessed or that these laws aren’t particularly susceptible to such use and abuse.” She noted that the decision to prosecute lies “solely in the eye of the charge-bringing beholder — or the ego of the person offended or called out by the speech.
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