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Health & Fitness

Speaker O'Brien Attempts to Restrict State Reps' Internet Speech

Speaker O'Brien issues policy to restrict online speech of State Reps.

On Monday evening (June 11), Speaker of the NH House sent out an email to all 400 state representatives alerting them that he will now be enforcing a strict policy prohibiting certain speech on the legislative email list service.

The Computer Use Policy, designed for legislative employees, states:

"Electronic media cannot be used for knowingly transmitting, retrieving, or storing any communication that is: 1. Discriminatory or harassing; 2. Derogatory to any individual or group; 3. Obscene, sexually explicit or pornographic; 4. Defamatory or threatening.  In addition, also prohibited are jokes . . . or any other non-legislative work activity that is not allowed on government computers."

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O’Brien warns that “there will be zero tolerance for any violation” of the language section of the policy. Upon any House member violating that section “his or her legislative email privilege will be immediately terminated.”

As a state representative myself, I have been aware of much recent online infighting—including derogatory and defamatory remarks—among Republican reps using the legislative email. The “reply all” feature has been used so all 400 of us have had the dubious honor of reading the verbal flaming. This has been escalating since Majority Leader forced resignation and the recent defeat of the education funding constitutional amendment.  I suspect this uncivil online debate is what prompted O’Brien’s actions.

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I believe O’Brien’s computer policy, as applied to state representatives, is unworkable and a violation of free speech.

It’s one thing to restrict obscene or pornographic material. But how do you apply a computer policy pertaining to employees using workplace computers to elected representatives using their personal computers? As a state rep, I don’t recall ever seeing this six page policy, much less signing it in agreement.

I cannot count all the emails I have received during my two terms that have been derogatory to some person or group. These emails have come from representatives, citizens, and organizations—attacking , O’Brien, Republicans, Democrats, Free Staters, judges, you name it. The emails are automatically stored in my inbox; would that be a violation of the policy?

And who decides if it is "derogatory"? Is a demeaning reference to Obamacare derogatory to the President? Is a general put-down of Republicans, Democrats, or any other group derogatory and now prohibited? 

Will O’Brien, who has presided over the most uncivil session in recent history, now determine whose speech is acceptable and whose is not? Depriving any representative of their legislative email not only restricts their own communication, it also deprives citizens of their most common way to contact their representative.

leadership should talk to their members if the members are out of line with their email comments, not issue this blanket approach.  I strongly urge the Speaker not to blunder into a First Amendment fight by trying to enforce this unworkable policy. 

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