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New Hampshire’s Top Court Says Section 230 Shields Retweeters From Defamation Lawsuit

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New Hampshire’s Top Court Says Section 230 Shields Retweeters From Defamation Lawsuit


from the not-just-for-billionaires dept

Part 230 isn’t just a few unearned privilege loved by tech firms to defend them from indignant, incoherent lawsuits filed by banned white nationalists. It’s additionally for the little folks, as Eric Goldman factors out whereas bringing us this current determination by the New Hampshire Supreme Court docket.

This ruling is a wonderful reminder that Part 230 doesn’t simply shield “Massive Tech”; it protects all Individuals who use the Web. Maybe the defendants would have finally defeated this case anyhow, however having Part 230 on their sides gave them–and all of us–a little bit extra freedom to have interaction one another on social media with out fearing that each informal interplay may set off a monetary cataclysm. So the following time you hear politicians claiming that Part 230 advantages solely Google and Fb, cite this case as further proof that they misunderstand what Part 230 really does, or they’re mendacity, or each.

And it’s a strong determination [PDF] that wastes little time figuring out who’s shielded from this lawsuit and why. In simply seven pages, the New Hampshire court docket covers numerous floor rapidly, finally discovering in favor of those defendants.

Right here’s the backstory: A scholar defaced a college web site and added some further details about one instructor (the plaintiff on this case). The added put up “recommend[ed] that [the plaintiff] was sexually perverted and desirous of looking for sexual liaisons with […] college students and their dad and mom.” One other scholar took a screenshot of the altered website and tweeted it. The defendants being dismissed on this ruling did nothing greater than retweet the unique tweet.

The trial court docket discovered that Part 230 of the CDA immunized these retweeters from the instructor’s lawsuit. The instructor disagreed, interesting the choice to the state’s prime court docket (which can also be its solely appeals court docket).

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A second move has modified nothing. The state Supreme Court docket says the phrase “person,” present in Part 230(c)(1) means precisely that: person. These defendants have been Twitter customers and the immunity applies to them. The state’s prime court docket quotes a California Supreme Court docket case from 2006 — one of many first to use Part 230 immunity to particular person customers.

Provided that Congress declared that “‘[n]o supplier or person of an interactive pc service shall be handled as [a] writer or speaker,’” the court docket discovered no foundation “for concluding that Congress meant to deal with service suppliers and customers in a different way,” and that “the statute confers immunity on each.” Thus, the court docket concluded, “Congress employed the time period ‘person’ to refer merely to anybody utilizing an interactive pc service,” and held that part 230(c)(1) immunizes such particular person customers.

Given this background, the highest court docket finds the decrease court docket’s reasoning persuasive. Merely retweeting another person’s tweet isn’t actionable beneath Part 230.

Regardless of the plaintiff’s assertion on the contrary, we conclude that it’s evident that part 230 of the CDA abrogates the frequent legislation of defamation as utilized to particular person customers. The CDA supplies that “[n]o reason for motion could also be introduced and no legal responsibility could also be imposed beneath any State or native legislation that’s inconsistent with this part.” 47 U.S.C. § 230(e)(3). We agree with the trial court docket that the statute’s plain language confers immunity from go well with upon customers and that “Congress selected to immunize all customers who repost[] the content material of others.” That particular person customers are immunized from claims of defamation for retweeting content material that they didn’t create is clear from the statutory language.

That leaves the plaintiff with one possibility: asking the nation’s Supreme Court docket to try this case. It appears unlikely SCOTUS can be all in favour of delivering a ultimate ruling on a state-level defamation case that provides a number of choices for dismissal, even when it’s Part 230 taking heart stage right here. Sure justices could also be performing bizarre about 230’s immunity, however this lawsuit was a loser when the plaintiff determined to start out suing individuals who didn’t create the inflammatory put up noticed (and distributed) by others.

Filed Beneath: debbie banaian, defamation, new hampshire, retweets, part 230, college students, customers

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New Hampshire

NH Butterfly Monitoring Network Offers Online Trainings

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NH Butterfly Monitoring Network Offers Online Trainings


CONTACT:
Heidi Holman, NH Fish and Game: 603-271-2461
Haley Andreozzi, UNH Cooperative Extension: (603) 862-5327
January 10, 2025

Concord, NH — Butterflies serve as important biodiversity indicators for ecosystem health and provide food for many speciess, such as migrating birds. There are more than 100 typess of butterflies in New Hampshire, but data on their presence and distribution is limited. With butterflies using forests, fields, wetlands, and backyards all over the state, volunteer observations are critical to providing a landscape view of these species.

A five-part online training series hosted by the NH Butterfly Monitoring Network will provide information on butterflies in New Hampshire, butterfly biology and identification, and how to get involved with the Network. The NH Butterfly Monitoring Network is a collaborative effort with a goal of engaging volunteers in counting and identifying butterflies across New Hampshire. Data collected by volunteers can contribute to the understanding of long-term trends in butterfly populations and inform conservation actions for both common and declining species.

Webinars in the series will include:

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February 12, 6:30–7:30 p.m.: Intro to New Hampshire Butterflies
Mark Ellingwood, Wildlife Biologist and Volunteer with the Harris Center for Conservation Education

February 26, 6:30–7:30 p.m.: Wetland Butterflies of New Hampshire
Rick Van de Poll, Ecologist and Certified Wetland Scientist

March 12, 6:30–7:30 p.m.: Butterflying New Hampshire’s Woodlands
Levi Burford, Coordinator of the Errol Butterfly Count

March 26, 6:30–7:30 p.m.: Identifying New Hampshire’s Grassland Butterflies
Amy Highstrom, Coordinator of the Lake Sunapee Butterfly Count, and Vanessa Johnson, NH Audubon

April 9, 6:30–7:30 p.m.: Become a Volunteer Guide with NH Butterfly Monitoring Network
Haley Andreozzi, UNH Extension

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All butterfly enthusiasts are welcome, with or without prior experience. For more information and to register for the session(s) you are interested in, visit nhbutterflies.org.

The NH Butterfly Monitoring Network is led by the NH Fish and Game Department and UNH Cooperative Extension with collaboration from partners statewide, including NH Audubon, Tin Mountain Conservation Center, the Harris Center for Conservation Education, and Ausbon Sargent Land Preservation Trust.



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New Hampshire

Cooper scores 20, UAlbany beats New Hampshire

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Cooper scores 20, UAlbany beats New Hampshire


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ALBANY, NY (NEWS10) — A strong second half powered the UAlbany women’s basketball team to their third conference victory in as many contests on Thursday night.

COACH COLLEEN MULLEN: “To start the game, New Hampshire had great defensive intensity and pace. Once we settled in and started moving the ball, we were able to capitalize with our inside-out game. In the second half, we had solid offensive execution and grinded out multiple defensive stops. This was a great team win on both ends.”

KEY STATS

  • Graduate student Kayla Cooper led the team with 20 points, six rebounds, three steals, and three assists while shooting over 50% from the field.
  • Fellow graduate student Jessica Tomasetti followed with nine points and five rebounds. The point guard also shot 50% from the field.
  • Junior Gabriela Falcao tallied a team-high two blocks.
  • As a team, the Great Danes totaled nine steals with 19 points off turnovers.
  • The UAlbany defense did not allow any singular Wildcat to surpass seven points.

HOW IT HAPPENED

  • Graduate student Lilly Phillips scored the first basket of the game after a combined four scoreless possessions.
  • That defensive nature continued throughout the rest of the half.
  • New Hampshire gained a 9-5 lead within four minutes of action but the Great Danes quickly answered to tie the score in the next two minutes.
  • UAlbany ended the quarter with a one-possession advantage, 14-11.
  • Throughout the second quarter, the Great Danes allowed just two field goals for five Wildcat points.
  • Four different Great Danes scored in a defensive quarter to make it a 24-16 game at halftime.
  • The second half was a different game – UAlbany nearly doubled its score from the first half in the third quarter alone.
  • The Great Danes began the third with a 12-2 scoring run. Ten of those points were scored in just two minutes and 23 seconds.
  • Kayla Cooper and Jessica Tomasetti combined to score 10 additional points and close the third quarter with a 22-point advantage, 46-24.
  • Cooper and Tomasetti scored all but three of the 22 points in the third quarter. Cooper tallied 12 alone.
  • Following two fourth-quarter layups from senior Laycee Drake and Phillips, the Great Danes held a 26-point lead.
  • UAlbany continued to extend their lead throughout the next seven minutes of action. The largest lead of the contest came with 1:24 left – 29 points (59-30).
  • The Wildcats got the final say to make it a 27-point decision, 59-32.

NEXT: The Great Danes will close out the week at home against Maine on Saturday (Jan. 11).



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New Hampshire

Ayotte uses inaugural speech to praise NH, offer warnings

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Ayotte uses inaugural speech to praise NH, offer warnings


Gov. Kelly Ayotte used her first speech as New Hampshire’s 83rd chief executive Thursday to call for “common-sense cooperation” as the state tackles issues ranging from housing, to education, to the state budget.

In her roughly 45-minute long inaugural address, Ayotte simultaneously lauded New Hampshire as a model for the rest of the nation, but warned that pressing concerns — financial and otherwise — would require policymakers to make difficult decisions in the coming months.

You can watch Ayotte’s full inauguration speech here.

“I could not be more optimistic about our future, but at the same time we have real challenges that we have to take head on, if we want to keep our state moving in the right direction,” Ayotte told a crowd in the State House’s Representatives Hall that included current lawmakers and state officials, as well as several former governors, congressmen, and other political veterans.

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“Whenever we talk about cuts, just like a family making hard decisions, there are things we can’t skimp on: protecting our most vulnerable and serving those most in need.”

Gov. Kelly Ayotte, forecasting upcoming state budget negotiations

Ayotte said she’s proud the state ranks high in categories including freedom, public safety, and taxpayer return on investment, but said slowing tax collections and the end of billions of dollars of federal aid dictates that the state “recalibrate” its spending.

“Whenever we talk about cuts, just like a family making hard decisions, there are things we can’t skimp on: protecting our most vulnerable and serving those most in need,” Ayotte said.

Ayotte’s speech was light on specifics — she called for few clear policy initiatives or spending cuts — but she did announce one new state initiative: a Commission on Government Efficiency, or COGE, to help identify ways to spend less state money. The committee will be led by former Gov. Craig Benson, who nominated Ayotte to be New Hampshire attorney general in 2004, and businessman Andrew Crews, a longtime political donor to Ayotte.

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Ayotte told the Democratic leaders of the New Hampshire House and Senate that her door would always be open to them. She meanwhile asked GOP legislative leaders to “marshal our Republican majorities over the next two years to deliver on the promises we made to keep our state moving in the right direction.”

Ayotte called public safety her “absolute top priority” and said she expected Republicans to pass a ban this year on so-called sanctuary policies, which aim to protect undocumented immigrants from criminal penalties. She also said the state needs to further tighten its bail policies, and boost police retirement benefits to make it easier to recruit officers and keep them on the job.

She identified housing as another top issue and said the state needs to “get serious” by modeling good behavior to cities and towns, by enforcing a 60-day turnaround on state permits for new housing projects. She also promised to “strengthen new and existing partnerships” between the state, cities and towns and the private sector to get new housing units built.

Ayotte also highlighted education, and said while New Hampshire’s current rate of pupil spending was “wonderful,” lawmakers need to “keep it up” while simultaneously expanding the state’s voucher-like school choice program. Ayotte also promised to ensure students can learn and teachers can teach without distraction by banning cell phones in the classroom.

“Screens are negatively impacting our learning environments,” Ayotte said. “No more.”

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On other issues, Ayotte promised to expand the state’s ranks of mental health providers, strengthen anti-suicide efforts, oppose a controversial landfill proposal in the town of Dalton, and veto any new abortion restrictions.

More digs at Massachusetts — but also a welcome

After framing her gubernatorial campaign last year as a rebuke of Massachusetts, Ayotte also used her inaugural address as another chance to take digs at the Granite State’s southern neighbor.

Ayotte criticized policymakers there for what she described as out-of-control spending, tax hikes, and lax immigration policies. But she did say New Hampshire welcomes Massachusetts residents as shoppers and visitors.

One of Ayotte’s biggest applause lines was addressed to Bay State business leaders.

“To the businesses of Massachusetts: We’d love to have you bring your talents to the Granite State,” she said. “We’re happy to show you why it’s better here.”

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Ayotte extended a similar invitation to Canadian businesses, saying they would be especially welcome in New Hampshire’s North Country.

Lawmakers say they’re ready to get to work

Lawmakers past and present attended Gov. Kelly Ayotte’s inauguration.

Republicans in both legislative chambers will enjoy sizable majorities this session, and the party’s leaders say they’re ready to use those numbers to advance the policy goals Ayotte laid out Thursday.

House Majority Leader Jason Osborne praised the governor’s speech and said that along with the expansion of Education Freedom Accounts, his caucus will focus on “addressing issues of affordability across all sectors: housing, healthcare, electricity, you name it.”

He expressed optimism about Ayotte’s proposed COGE initiative to make government more efficient, but acknowledged that trimming the state budget could cause tension as lawmakers seek to protect their favorite programs.

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“Everything we do is someone’s favorite pet project, so we’ve got to figure out who is going to get sent to the chopping block,” he said.

Osborne added that while his majorities are larger this session than last term’s near evenly split House makeup, he knows there will be disagreement within his own caucus.

“The more willing that we are to let people do their own thing, for things that are important to them, the more we’re going to be able to band together and get things done together, as well,” he said.

Sen. James Gray, a Republican from Rochester who leads the Senate Finance Committee, told reporters it was too early in the budgeting process to forecast where the state may trim to balance its books. He said he plans to work with Ayotte to advance her campaign promises.

With a 40-seat disadvantage, House Democrats will have little ability to set the legislative agenda this session, but Minority Leader Alexis Simpson of Exeter said she was grateful that Ayotte expressed a willingness to work across the aisle. She said Democrats would focus on ensuring any budget reductions don’t end up harming the state’s neediest residents.

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“We feel these budget cuts at the state level will lead to higher costs at the local level, so we’re really working on making sure the vulnerable populations that Gov. Ayotte spoke about really are protected in this budget,” Simpson said.

Simpson also said she hoped for bipartisan collaboration on housing, mental health services and other issues.

Notable political faces fill the room

Gov. Chris Sununu attends the inauguration of his successor, Gov. Kelly Ayotte.

Gov. Chris Sununu attends the inauguration of his successor, Gov. Kelly Ayotte.

Thursday’s inauguration ceremony brought out a crowd of high profile political figures in the state, past and present.

Outgoing Gov. Chris Sununu received a sustained round of applause when he entered Representatives Hall, and was again thanked by Ayotte during her speech for his eight years of service to the state.

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Others present included former Congressman Charlie Bass and Scott Brown, a former U.S. Senator representing Massachusetts and ambassador to New Zealand, who was also New Hampshire’s 2014 Republican U.S. Senate nominee. Also in attendance was former Gov. Maggie Hassan, who now serves in the U.S. Senate after unseating Ayotte in 2016.

Former Gov. Craig Benson was seated in the chamber, as was Manchester Mayor Jay Ruais, who entered the room to cheers.

Four of the five justices on the New Hampshire Supreme Court were in attendance, as were federal judges for the District of New Hampshire. New Hampshire Chief Justice Gordon MacDonald swore in Ayotte, while she was flanked by her husband and two children.

Members of the Executive Council were also sworn in during Thursday’s proceedings.

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