New Hampshire

Cox Broadcasting Corp. v. Cohn in New Hampshire Law

How Cox Broadcasting Corp. v. Cohn applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Constitutional Law.

State Approach

New Hampshire law generally aligns with the principles established in Cox Broadcasting Corp. v. Cohn, particularly in balancing privacy rights with the First Amendment protections for freedom of speech and press. The state emphasizes the public's interest in accessing information about public events while also recognizing individual privacy concerns.

State Rule
In New Hampshire, media can publish information related to matters of public concern, provided it is made available through lawful channels and does not violate any specific privacy laws.
Significant State Cases

Farnsworth v. McKenzie

The New Hampshire Supreme Court ruled that a media outlet cannot be held liable for publishing truthful information obtained from a public record.

Doe v. Burnham

The court held that the release of certain identifying information of a plaintiff in relation to a public trial does not violate privacy, emphasizing the First Amendment.

In re: Jesse B.

This case affirmed that a defendant's information in a public trial is not protected from publication, reinforcing public access to court proceedings.

Comparison to Federal Law

New Hampshire's approach closely mirrors the federal standard established in Cox Broadcasting, emphasizing that publicly available information, particularly from court records, is typically protected under the First Amendment. However, New Hampshire has additional privacy laws that may provide nuances in protecting individual rights.

Bar Exam Note

Understanding the application of Cox Broadcasting in New Hampshire is relevant for the Constitutional Law section of the bar exam, particularly in questions related to free speech and privacy rights.

Practice Pointers
  • Be aware of exceptions in state privacy laws when handling sensitive information.
  • Consider the source of information and its public availability when assessing media liability.
  • Stay updated on recent state court decisions that may affect the interpretation of privacy vs. First Amendment rights.
  • Familiarize yourself with key precedents in New Hampshire that relate to public records and the press.
  • Understand the balance between individual privacy rights and public interest in accessing truthful information.

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