New Hampshire
How Brown v. Entertainment Merchants Association applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.
New Hampshire adheres to the principles established in Brown v. Entertainment Merchants Association by upholding First Amendment protections against content-based restrictions on speech. The state courts prioritize free expression, particularly in the context of expressive works, including video games.
In New Hampshire, any law imposing restrictions on speech must pass strict scrutiny, just as articulated in Brown. The government must demonstrate that there is a compelling state interest and that the regulation is narrowly tailored to achieve that interest without infringing on free speech rights.
The Court held that a statute criminalizing certain forms of expressive conduct was unconstitutional as it imposed an unjustifiable restriction on free speech.
The court ruled that juvenile proceedings restricting access to expressive materials were unconstitutional under both state and federal free speech protections.
The ruling confirmed the importance of free speech rights in publishing materials, emphasizing that prior restraints are generally disfavored.
New Hampshire's approach aligns closely with the federal standard as articulated in Brown v. Entertainment Merchants Association. Both frameworks employ strict scrutiny for laws regulating expressive content, ensuring a high level of protection for First Amendment rights against state interference.
Issues related to free speech and First Amendment jurisprudence are significant on the New Hampshire bar exam, particularly in the context of assessing content-based regulations and their constitutionality.