State Senate: Republican majority
State House: Democratic majority
Governor: Chris Sununu (R)
Attorney General: John Formella (R)
Summary:
Despite its small population, New Hampshire has the largest legislature in the country, with its House of Representatives holding over 400 seats. With an official motto of “Live Free or Die,” the state has long held libertarian tendencies.
In 2022, Governor Chris Sununu signed HB 440, which prohibits the suspension of civil liberties during a state of emergency, stating that “the power to make, amend, suspend and rescind necessary orders, rules and regulations to carry out the provisions of this subdivision in the event of a disaster beyond local control; provided that civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended.”
Both chambers have recently passed legislation relating to AI and deepfakes, including HB 1596, which requires a conspicuous disclosure of intentional deceptive artificial intelligence usage in political advertising within 90 days of an election, and HB 1432 which established that a person is guilty of a class B felony if the person “knowingly creates, distributes, or presents any likeness in video, audio, or any other media of an identifiable individual that constitutes a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm” to the individual.
Additionally, both chambers also recently passed HB 1305, which establishes procedures governing freedom of speech and association at public institutions of higher education. Unusually, 2023 HB 320, a bill aimed at strengthening free speech on social media, was introduced by a Democrat, one of the few cases in the US where such legislation was not led by Republicans.
Key Policymakers:
- Rep. Jeffrey Greeson [R], Rep. Daniel Popovici-Muller [R] , Rep. Ellen Read [D], Rep. Jim Kofalt [R]
Legislative Activity:
HB 1596: Requiring a conspicuous disclosure of intentional deceptive artificial intelligence usage in political advertising within 90 days of an election. Introduced by Rep. Angela Brennan [D] in December 2023. Despite having mostly Democratic co-sponsors, the bill passed the House with almost entirely Republican votes in May and the Senate by a voice vote in July.
HB 1432 (Signed into Law): Establishes the crime of fraudulent use of deepfakes and sets penalties; Establishes a cause of action for fraudulent use of deepfakes; and prohibits registration of lobbyists who have been found to have fraudulently used deepfakes in certain cases. A person is guilty of a class B felony if the person knowingly creates, distributes, or presents any likeness in video, audio, or any other media of an identifiable individual that constitutes a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to the identifiable person. Introduced by Rep. Jeffrey Greeson [R] in December 2023, passed both chambers via voice vote and was signed into law on July 26, 2024.
HB 1305 (Signed into Law): Establishes procedures governing freedom of speech and association at public institutions of higher education. Outdoor areas of campuses of public institutions of higher education are deemed public forums for members of the campus community, and public institutions of higher education shall not create “free speech zones” or other designated areas of campus outside of which expressive activities are prohibited. Bipartisan bill introduced by Rep. Daniel Popovici-Muller [R] and Rep. Ellen Read [D], passed the House with mostly Republican votes, the Senate by a voice vote, and signed into law on July 26, 2024.
HB 320: Prohibits, with limited exception, censorship of speech on interactive computer services/social media platforms. The bill establishes a civil right of action for violation of the statute. This is one of the few bills of this type introduced by a Democrat, Rep. Peter Schmidt [D]. Introduced in January 2023 but did not progress.
HB 440 (Signed into Law) (2022): Prohibits the suspension of civil liberties during a state of emergency. “The power to make, amend, suspend and rescind necessary orders, rules and regulations to carry out the provisions of this subdivision in the event of a disaster beyond local control; provided that civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended.” Introduced by Rep. Jim Kofalt [R] in January 2021, passed both chambers via voice vote and signed into law on April 4, 2022.
HB 1485: A bill to establish a committee to study the totality of the circumstances surrounding the COVID-19 pandemic, particularly the responses of the federal and New Hampshire governments, emergency actions, medical recommendations and mandates, involvement of supranational organizations, pharmaceutical interventions, Operation Warp Speed, information availability, transparency, and censorship efforts, and findings of other investigations and committees to include that of the U.S. Senate. Republican-only bill introduced by Rep. Mike Belcher [R] in December 2023 and is currently in committee.
Legal Actions:
New Hampshire Joins 26-State Coalition Supporting Religious Expression Before U.S. Supreme Court. On July 09, 2024, Attorney General John M. Formella joined a coalition of 26 states in filing a brief before the U.S. Supreme Court opposing Florida’s Hillsborough County Transit Authority’s no-religious-speech advertising policy. The coalition urged the Court to review the policy because it infringed on the First Amendment rights of a Jewish synagogue, Young Israel of Tampa, to advertise on public transportation in Tampa, Florida. The Hillsborough Area Regional Transit Authority (HART) rejected Young Israel of Tampa’s proposed advertisement for its “Chanukah on Ice” event because it was religious, while accepting another group’s advertisement for its “Winter Village” event because it was not religious. Under HART’s no-religious-speech advertising policy, that singular difference—that one ad was religious, and the other was not—led the government entity to reject “Chanukah on Ice” and accept “Winter Village.”
New Hampshire Files Lawsuit Against TikTok, Inc. Alleging Unfair and Deceptive Acts or Practices for Harming the Mental Health and Well-being of Children. On June 25, 2024, Attorney General Formella announced a lawsuit against TikTok, Inc. in Merrimack County Superior Court for violating the State’s consumer protection statute and other laws. This lawsuit follows a complaint filed by the State against Meta Platforms, Inc., in October 2023, alleging similar manipulative design features and deceptive business practices. The state’s complaint against TikTok alleges that the company engaged in unfair and deceptive acts or practices in violation of New Hampshire law by designing an unfair product and misleading New Hampshire consumers about its safety. The complaint asserts that TikTok is aware that it’s cycle of excessive use results in profound harm to its young users, including depression, anxiety, and isolation from friends and family. New Hampshire’s lawsuit alleges claims for deceptive and unfair business practices, products liability, and negligence. The complaint asks the Court to enter an injunction requiring substantive changes in how the company operates. The State also seeks penalties and other monetary relief to address the harms that these practices have caused. The Attorney General’s investigation of other social media platforms for related practices continues.
