Constitutional Law

N.H. high court rules ad campaign was protected speech

By By The Associated Press

CONCORD, N.H. ? The New Hampshire Supreme Court has reversed a $6.7 million verdict against a wireless communications provider, saying its advertising campaign against a competitor was protected as political free speech.

Fifth Estate Tower secured the jury verdict against Green Mountain Realty Corp., which competes with Fifth Estate in providing wireless facilities. Fifth Estate had waged a postcard and advertising campaign to defeat Green Mountain's 2005 bid to install communications towers in Wolfeboro.

Green Mountain argued the campaign violated the state's Consumer Protection Act because it contained false claims. The proposal was defeated and Green Mountain sued and won in a lower court.

But the state Supreme Court ruling in Green Mountain Realty Corp. v. Fifth Estate Tower said the campaign was political speech and exempt from the state Consumer Protection Act.

"We assume, without deciding, that Fifth Estate?s conduct constituted an unfair or deceptive practice, within the meaning of the [Consumer Protection Act]," the court wrote. "Nonetheless, we conclude that the [act] does not apply because Fifth Estate?s conduct occurred in a political setting."

The First Amendment Center Online contributed to this report.

Full post as published by First Amendment Center on November 09, 2010 (boomark / email).