By Dan Kennedy • The press, politics, technology, culture and other passions

Tag: John Formella

The NH political-ad story is getting weirder and weirder

Photo (cc) 2008 by Andrea Maria Cannata

The saga of Debra Paul, the New Hampshire newspaper owner charged with a crime for publishing political ads without the required disclosure, is getting weirder and weirder.

Friend of Media Nation Aaron Read has been doing some digging, and I’m sharing some of what he posted on Facebook. It turns out that in addition to owning the Londonderry Times and another paper, Paul is a member of the town council. In February 2021, her fellow councilors complained about an editorial she published, saying she had engaged in “bullying” for writing, “Are you frustrated that nobody at town hall is listening to you? Do you feel that your town or school officials have an excuse for everything or justify decisions you don’t agree with?”

According to Julie Huss of The Eagle-Tribune, Paul replied that the editorial ran in both of her papers covering four towns, and that her words were not specifically directed at her colleagues in Londonderry.

The Daily Caller, a right-wing outlet founded by Tucker Carlson, picked up on the story a couple of days ago. Arjun Singh, citing the Derry News, reports that two of the candidates whose ads were not properly labeled were running for the school committee on so-called parents’-rights platforms. Singh also writes: “The Attorney General’s office began investigating Paul after a tip from Laura Morin, a mental health counselor with the Greater Nashua Mental Health Council, which works with schools near the Derry area, according to the arrest warrant.”

Morin appears to be a “dear friend” of the town clerk, Sherry Farrell. And in March 2018, Paul’s paper published a story about illegal political lawn signs in Londonderry that had been investigated by the state attorney general’s office. Farrell’s signs were among those targeted for lacking proper disclosure information.

It all sounds pretty incestuous. And yes, it is a massive conflict of interest for Paul to publish a paper in the same town where she’s serving as an elected official. But that doesn’t change the fact that Attorney General John Formella really needs to find something better to do with his time. It would be one thing if these political communications were aimed at deceiving people, but they were not. No harm was done. Yet Paul faces at least the theoretical possibility that she could be hit with a heavy fine and a prison term.

Earlier:

Here’s the arrest warrant in the NH illegal-advertising case

Here is the arrest warrant in the Debra Paul illegal-advertising case. It doesn’t change my understanding of the facts, but the details and the context are interesting.

Earlier:

A NH newspaper publisher is arrested and charged with running illegal political ads

In a bizarre case that raises important First Amendment issues, a New Hampshire newspaper owner has been arrested and charged with publishing political ads that the state attorney general’s office claims failed to comply with disclosure laws.

According to Nancy West of InDepthNH, the ads failed to include the words “Political Advertisement,” which is a violation of state law. The publisher, Debra Paul of the Londonderry Times, faces six misdemeanor counts. If she’s found guilty, she could be fined $2,000 or even sentenced to prison for a year. “I would like to think the attorney general’s office has more important matters to deal with than to send press releases out on misdemeanors such as this,” Paul said, according to West. “With multiple unsolved homicides over the past year, this seems a bit absurd.”

According to a statement issued by the office of Attorney General John Formella, the charges involve incidents dating back as far as 2019:

Ms. Paul, publisher of the Londonderry Times newspaper, was previously investigated and warned against such conduct on two prior occasions by the Attorney General’s Office Election Law Unit. Those instances ended with formal letters being issued to her in 2019 and 2021. A ‘final warning’ letter issued by the Election Law Unit in September of 2021 warned Ms. Paul that all political advertising must be properly labeled as such in her publication.

Paid advertising — even political advertising — is a form of commercial speech, and thus doesn’t carry with it the same protections as other forms of speech. Nevertheless, the case against Paul seems absurd. I flipped through the most recent PDF edition of the Londonderry Times and found a couple of political ads, including the one I’ve embedded here. It’s properly labeled; I’m sure at this point Paul would just as soon avoid a seventh count. But if it didn’t say “Political Advertisement,” would you think it’s anything other than a political ad? Of course not.

At the very least, New Hampshire law ought to recognize whether there was an intent to deceive. There is obviously no deceptive intent here. And Formella has placed himself in the running for a 2023 New England Muzzle Award. Paul is scheduled to be arraigned on Oct. 19. Not only should the judge immediately dismiss the charges against Paul, but they should also sanction the attorney general.

Powered by WordPress & Theme by Anders Norén