The bill, titled "The Sidewalk Free Speech Act," aims to repeal existing laws (RSA 132:37 through RSA 132:40) that establish buffer zones around reproductive health care facilities, which currently prohibit individuals from entering or remaining on public ways or sidewalks adjacent to these facilities. The bill emphasizes the importance of free speech as protected by both the First Amendment and the New Hampshire Bill of Rights, arguing that the buffer zones infringe upon individuals' rights to express controversial or unpopular viewpoints. The bill cites legal precedents, including the U.S. Supreme Court's decision in McCullen v. Coakley, which invalidated similar buffer zones in Massachusetts, asserting that such restrictions impose significant burdens on free speech.
In addition to repealing the buffer zones, the bill also removes the term "demarcates" from the existing law, which previously indicated the establishment of these zones. The effective date of the act is set to be upon its passage, and while the fiscal impact is indeterminable, it is noted that the bill may affect judicial and correctional systems due to changes in penalties associated with violations of the repealed statutes. Overall, the bill seeks to enhance free speech rights in the context of reproductive health care facilities by eliminating restrictions that limit public discourse in these areas.
Statutes affected: Introduced: 132:37