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Judge dismisses civil rights case against NSC-131, a blow to prosecutors seeking to rein in white supremacist group

Christopher Hood, left, along with Leo Cullinan, during a hearing in March.
Todd Bookman
/
NHPR
Christopher Hood, left, along with Leo Cullinan, during a hearing in March.

A superior court judge is dismissing a high profile civil rights case against a regional white supremacist group and its leadership, ruling that New Hampshire prosecutors used an overly broad interpretation of state law to stifle protected speech.

The ruling handed down Monday came after Attorney General John Formella brought a civil rights petition against the group, NSC-131, and two of its members, Leo Cullinan and Christopher Hood, in January.

The defendants are accused of trespassing onto a bridge in Portsmouth last summer, and hanging a banner that read “Keep New England White.”

The civil case, which had been scheduled for trial in late July, came with potential fines for Hood and Cullinan, but no jail time.

The defendants filed a motion to dismiss the case, arguing their actions were protected on free speech grounds, and that they removed the banner as soon as they were notified by law enforcement that they were potentially violating a Portsmouth ordinance.

In a 21-page opinion released Monday, Rockingham County Superior Court Judge David Ruoff dismissed the petitions, ruling that the state’s interpretation of the trespass ordinance, as well as the Civil Rights Statute, was overly broad as it applied to the banner.

“The conduct alleged in the complaints, while reprehensible by most civilized standards, does not fit any definition of ‘trespass’ other than the one the Court has concluded is unconstitutional,” Ruoff wrote.

On Tuesday, a spokesperson for the New Hampshire Attorney General’s office said it would appeal.

Attorney General John Formella at a podium during a press conference
Todd Bookman/NHPR
Attorney General John Formella announced a civil complaint had been filed against NSC-131 during a press conference in Portsmouth in January.

“The Attorney General feels this is a critical case. We will be filing a motion for reconsideration within the 10-day deadline,” the office said.

NSC-131, or the Nationalist Social Club, has been identified by the Anti-Defamation League as a New England-based neo-Nazi group founded in 2019 that “espouses racism, antisemitism and intolerance” and whose “membership is a collection of neo-Nazis and racist skinheads, many of whom have previous membership in other white supremacist groups.”

Members of NSC-131 have appeared sporadically around New England, displaying racist banners, chanting, and attempting to disrupt drag events. The group often films its activities and then post videos on social media. The size of its membership is unclear.

The group posted about the dismissal of the case on social media, but has not yet issued a statement. Their lawyer didn’t immediately respond to a request for comment.

Hood and Cullinen were initially unable to find legal counsel from New Hampshire willing to represent them, prompting the court to approve a Massachusetts-based defense team. The group also launched a crowdfunding effort on social media to cover its legal fees.

Todd started as a news correspondent with NHPR in 2009. He spent nearly a decade in the non-profit world, working with international development agencies and anti-poverty groups. He holds a master’s degree in public administration from Columbia University. He can be reached at tbookman@nhpr.org.

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SOMOS CONNECTICUT is an initiative from Connecticut Public, the state’s local NPR and PBS station, to elevate Latino stories and expand programming that uplifts and informs our Latino communities. Visit CTPublic.org/latino for more stories and resources. For updates, sign up for the SOMOS CONNECTICUT newsletter at ctpublic.org/newsletters.

SOMOS CONNECTICUT es una iniciativa de Connecticut Public, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

The independent journalism and non-commercial programming you rely on every day is in danger.

If you’re reading this, you believe in trusted journalism and in learning without paywalls. You value access to educational content kids love and enriching cultural programming.

Now all of that is at risk.

Federal funding for public media is under threat and if it goes, the impact to our communities will be devastating.

Together, we can defend it. It’s time to protect what matters.

Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.

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