A New Hampshire newspaper publisher has been found guilty of publishing political advertising that did not include legally required labeling. Debra Paul was convicted of five misdemeanor counts in a bench trial presided over by Derry District Court Judge Kerry Steckowych, according to Damien Fisher of the nonprofit news organization InDepthNH. Sentencing is scheduled to take place Dec. 20. The 64-year-old publisher faces a possible sentence of one year in prison and a $2,000 fine on each of the five counts.
I’ve been following this case for more than a year because of its absurdity. The state attorney general’s office says that Paul broke the law on several occasions by publishing ads for local candidates and warrant articles in two weekly newspapers that she owned, the Londonderry Times and the Nutfield News, the latter of which has stopped publishing. It seems to me that someone — maybe the state legislature, which could correct this travesty — deserves a New England Muzzle Award. Two reasons:
- The first is that lawmakers in the Live Free or Die State have decided, for whatever reason, that minor violations of campaign laws should amount to crimes rather than civil offenses. I’d be very surprised if Paul does any time behind bars, but the threat is there, and she’s been living with it for more than a year, when the charges were initially filed.
- The second is that even though the First Amendment allows for the regulation of political advertising, there was no intent to deceive. In my first post on this case, I reproduced a candidate ad that appeared in one of Paul’s papers. It’s properly labeled as a “Political Advertisement,” but if that was removed, would anyone think it’s anything other than an ad? Of course not. Enforcement ought to be reserved for deliberately deceptive political ads, such as those that could be confused with actual news articles.
We’ll see what Dec. 20 brings. I hope that Judge Steckowych hits Paul with, at worst, a token fine — and has something to say about governmental overreach into an arena where it can do the most damage: political speech.
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The select board in North Brookfield, Massachusetts, and two of its members have been sued by the ACLU of Massachusetts because they refused to approve a 2024 Pride celebration on the grounds that the event is scheduled to include a drag performance. The lawsuit was filed in conjunction with the Rural Justice Network, which is headquartered in North Brookfield and whose Facebook page describes the organization as providing “education that informs an equitable and peaceful society in Rural America.” Carol Rose, the ACLU’s state executive director, said in a press release:
This is discrimination based on the viewpoint our clients seek to express: that all members of the community deserve to live and participate fully, openly, freely, and joyously. Let’s be clear: The government has no right to censor LGBTQ+ people or their right to assemble and express themselves.
The two individual members who were sued, chair Jason Petraitis and vice chair John Tripp, both voted against the permit, and are thus receiving New England Muzzle Awards. There are only three members of the board, which means they comprise a majority. It also seems pretty rich that a three-member body would have both a chair and a vice chair. The third member, Elizabeth Brooke Canada, has a title, too — she’s the clerk.
According to the ACLU, Petraitis and Tripp are recidivists, having also voted against allowing the Rural Justice Network to include a drag performance during a 2023 event, which was held anyway after the ACLU and the town’s lawyer intervened.
Jeff A. Chamer of Worcester’s Telegram & Gazette has quite a report on the board meeting at which the latest permit application was rejected. The highlight is Petraitis telling a representative from the Rural Justice Network, “You can get the approvals from other people, but the same thing’s gonna happen this year that happened last year: I’m not voting for it. If you’re not gonna have that stuff hidden from kids, I’m not voting for it.”
And when Canada suggested to Petraitis that failure to approve the permit would violate the town’s parks and recreation policy, Petraitis responded: “I really could care less.”
Canada then offered a motion to approve the permit, which was rejected on a 2-1 vote.
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Thank you. Thank you.
You should have a regular column in The Globe!
Thank you, Jim! I wrote a weekly column for The Guardian and then for GBH while working full-time at Northeastern from 2007 to 2022. I felt like I was spending every waking moment trying to think about what I was going to write, so no thanks. Getting back to blogging has been more fun.
Thanks for the update on Debra Paul.
I hope people will take away the lesson that after receiving two written warnings about violating a law, with the second warning also saying 3 strikes you’re out, you need to be really, really careful about violating the same law a third time.
Hopefully the penalty is very small and only monetary since I do agree this should be a civil, not criminal offence.
Is there a fund to support Debra Paul? Thanks for the update.
The Deb Paul case has been political from the beginning. The NH Journal covered the Paul story and another issue, the AG has not brought charges in the second case.
This is the last few paragraphs.
AG Gets Election Law Conviction Against Small-Town Newspaper, but Illegal Mail Case Languishes
Posted to Politics December 07, 2023 by Damien Fisher
The Democratic mail shop in Massachusetts that barraged Second Congressional District mailboxes with illegal ads, Reynolds Dewalt, has not been shut down. Nor has it been charged with a crime, despite its admission that it sent Democratic-funded mailers with no disclosures of any kind to voters during the 2022 GOP primary.
The anonymous mailers pushed GOP voters in the 2nd District away from moderate Keene Mayor George Hansel and toward MAGA Republican Bob Burns.
One piece featured a photo of Burns with a headline reading “I Stand With Trump” on one side and declaring him “100 Percent Pro-Trump” on the other. The mailer claimed Hansel was not. Another mailer asked, “Who Stands With Trump?” and made it clear the answer is Burns, not Hansel.
Burns would go on to win the primary, beating Hansel by 1,800 votes. Burns then got thumped in the general election by incumbent Democratic Rep. Annie Kuster.
Formella told NHJournal last week the case is a high priority in his office and that he has worked on it personally. Asked why more than a year had passed without any action, Formella declined to answer other than to say working across state lines slows down the legal process. And Formella denied Massachusetts Attorney General Andrea Campbell, a partisan Democrat, was anything other than cooperative.
Still, as the Republican gubernatorial primary heats up — a high-profile race the Democratic Governors Association has already declared a priority — Granite State political operatives have noticed the difference between the treatment of Deb Paul and Reynolds Dewalt.