The American Civil Liberties Union of New Hampshire is appealing a federal court judge’s decision to dismiss its lawsuit seeking to strike down the state’s criminal defamation law as unconstitutional.
The ACLU filed the appeal last week in the U.S. First Court of Appeals in Boston, Massachusetts on behalf of Robert Frese, an Exeter man who was arrested on the charge after criticizing the town’s police chief.
The ACLU is requesting a federal appellate court to remand its lawsuit against the New Hampshire attorney general's office back to New Hampshire District Court. The lawsuit lists current state Attorney General John Formella as the defendant.