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FRESE v. MACDONALD

Civil No. 18-cv-1180-JL.

425 F.Supp.3d 64 (2019)

2019 DNH 184

Robert FRESE, v. Gordon J. MacDONALD, In his official capacity only as Attorney General of the State of New Hampshire.

United States District Court, D. New Hampshire.

Signed October 25, 2019.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 950 Constitutional - State Statute
Source: PACER

Attorney(s) appearing for the Case

Brian M. Hauss, Pro Hac Vice, Emerson J. Sykes, Pro Hac Vice, American Civil Liberties Union Foundation, New York, NY, Henry Klementowicz, Gilles R. Bissonnette, American Civil Liberties Union of New Hampshire, Concord, NH, John M. Greabe, Hopkinton, NH, Lawrence A. Vogelman, Nixon Vogelman Barry Slawsky & Simoneau PA, Manchester, NH, for Robert Frese.

Lawrence Edelman, Rebecca D. Ricard, NH Attorney General's Office, Concord, NH, for Gordon J. MacDonald, In his official capacity only as Attorney General of the State of New Hampshire.

MEMORANDUM OPINION

This case concerns the constitutional permissibility of criminal defamation enforcement. The Attorney General of the State of New Hampshire ("the State") has moved to dismiss a pre-enforcement challenge to New Hampshire's criminal defamation statute...

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