Former New Hampshire Supreme Court Chief Justice Bob Lynn released an opinion defending the constitutionality of HB 544, the bill barring state employees and contractors from teaching or training certain “divisive concepts.” NH Journal reports that in a memo to House Majority Leader Jason Osborne, Lynn argued government may direct the speech of its employees acting in their official duties.
Gov. Chris Sununu has already pledged to veto it, but supporters of legislation banning state employees from teaching or training “divisive concepts” say the bill is not unconstitutional. And now they have the opinion of a former state Supreme Court chief justice to back them up.
NH Journal
NH Journal describes the opinion and its author.
On Monday, former Chief Justice Bob Lynn released an opinion defending the constitutionality of HB 544, a bill supporters say is needed to keep government employees, teachers, etc. from spreading ideologies they argue demean Granite Staters based on their race and/or sex.
NH Journal
The report lays out the objections from opponents.
Opponents say restricting teachers or HR staff from advocating these ideas violates the First Amendment. They also argue that the language of the bill is too vague to be enforced.
NH Journal
Sununu, among the critics, framed his concerns around free speech, NH Journal notes.
You have a very strong voice at the local level,” Sununu said. “So go to town meeting or to your school board and express yourself, vote for the right people, use that power at the local level. But bills that start restricting free speech? No.”
NH Journal
Lynn, a longtime jurist, disagreed in his memo to Osborne, according to NH Journal.
Rep. Robert J. Lynn (R-Windham), who served as a Supreme and Superior Court judge in New Hampshire for nearly 27 years and retired last August doesn’t agree.
NH Journal
The opinion addressed the central First Amendment objection raised against the bill, with Lynn contending that government may direct the official speech of those acting under its authority.
Supporters said the former chief justice’s memo strengthened their constitutional case as the governor weighed a promised veto, NH Journal reports. Sununu had said the bill restricted free speech and pointed instead to local school boards and town meetings as the proper venue.
Lynn served nearly 27 years as a judge in New Hampshire before retiring, lending weight to his assessment in the eyes of the bill’s backers.
The memo became part of the case supporters made as the governor weighed his promised veto.
Lynn argued government may direct the official speech of those acting under its authority.
Sununu framed his opposition around free speech and pointed to local control.
Opponents also argued the bill’s language was too vague to enforce.
Lynn served nearly 27 years as a judge in New Hampshire before retiring.
Supporters said the former chief justice’s opinion strengthened their constitutional case.
The bill barred teaching that demeans Granite Staters based on race or sex, NH Journal reports.
Lynn’s memo went to House Majority Leader Jason Osborne.
He argued government may direct the official speech of its employees.
Supporters said the opinion bolstered their constitutional case.
Sununu had pledged to veto the bill on free-speech grounds.
Read the full story at NH Journal.
