Summary
New Hampshire House Bill 1157 would require any “New Hampshire news media organization” to update, retract, or correct any story published to the internet concerning a criminal proceeding brought against a specific person if the person was subsequently found not guilty, was acquitted, or had the charges dismissed. The news organization must act immediately after being notified by the person who is the subject of the story.
Failure to do so would make the “New Hampshire news media organization” liable for any damages incurred by the person caused by such a failure. “New Hampshire news media organization” is not defined in the bill.
Status
The House Judiciary Committee reported that the bill is inexpedient to legislate.
Action
On January 30, 2020, Media Coalition submitted a letter to state Rep. Marjorie Smith, chair of the House Judiciary Committee, explaining the constitutional issues with the bill.
Analysis
This legislation would allow O.J. Simpson to demand that newspaper “correct” or remove stories in their archives about his arrest or trial since he was acquitted in the death of his wife. Similarly, Lee Harvey Oswald’s estate could make the same request about stories about his assassination of President Kennedy since the charges were dismissed when he was killed in police custody.
The reporting on the cases of Simpson or Oswald would have to be in the Concord Monitor or New Hampshire Union Leader would have to correct such stories, but if the same story appeared in The Boston Globe and The Portland Press Herald it presumably not have to be corrected, even though both papers have circulation in New Hampshire. Stories about either event would also not have to be corrected if they were published in a book, magazine or discussed in a documentary movie, unless the story was accessed online.
The First Amendment bars the state from interfering with editorial decisions about what to print and whether to remove or edit previously published stories. Miami Herald Publishing v. Tornillo (1974)
The bill is also unconstitutional as compelled speech. The state cannot force a publisher to deliver a required message or face financial penalties. Generally, “freedom of speech prohibits the government from telling people what they must say.” Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
History
On January 8, 2020, the bill was introduced and referred to the House Judiciary Committee.
On January 30, 2020, Media Coalition submitted a letter to state Rep. Marjorie Smith, chair of the House Judiciary Committee, explaining the constitutional issues with the bill.
On February 6, 2020, the committee reported the bill as inexpedient to legislate. The bill is dead.