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FRESE v. FORMELLA

No. 21-1068.

53 F.4th 1 (2022)

Robert FRESE, Plaintiff, Appellant, v. John M. FORMELLA, in his official capacity as Attorney General of the State of New Hampshire, Defendant, Appellee.

United States Court of Appeals, First Circuit.

November 8, 2022.

Attorney(s) appearing for the Case

Brian Hauss, with whom Emerson Sykes, American Civil Liberties Union Foundation; Gilles Bissonnette and Henry R. Klementowicz, American Civil Liberties Union of New Hampshire; John M. Greabe; Lawrence A. Vogelman and Shaheen & Gordon, P.A. were on brief, for appellant.

Samuel R.V. Garland, Assistant Attorney General, with whom John M. Formella, Attorney General of New Hampshire, and Anthony J. Galdieri, Senior Assistant Attorney General, were on brief, for appellee.

Before Kayatta, Howard, and Thompson, Circuit Judges.

New Hampshire is among a handful of states that allow criminal prosecution of defamation. Appellant Robert Frese has twice been charged with violating the criminal defamation statute and now argues that the statute itself contravenes the First and Fourteenth Amendments. Mindful of the Supreme Court's guidance that "the knowingly...

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