“Free the Nipple” Trial – Full Video + Interviews

Yesterday I traveled to Laconia, NH’s district court to record the trials of Heidi Lilley and B. Liz MacKinnon, who were unexpectedly cited by police for going topless on the beach in Gilford, NH. This, just a couple of weeks after Lilley’s successful “Free the Nipple” topless equality event in Laconia.

Hoping to overturn the illegal, discriminatory town ordinance, Lilley and MacKinnon teamed up with Free State Project early mover and attorney Dan Hynes.

Hynes’ line of questioning was interesting, specifically asking the state’s witnesses, which included three snitches and a few cops, how they determine someone is a woman. The all answered something about breasts, which is inconclusive. Without inspecting genitalia, which the police did not do, there would be reasonable doubt that the person is female.

Hynes argued, in a ten-page motion to dismiss (complimented by jovial Judge James M. Carroll) the ordinance is unconstitutional and violates equal protection and the right to free expression. Further, he argues the ordinance is also illegal because New Hampshire is not a “home rule” state and unless the state legislature authorizes towns to pass laws of their own, they cannot legally do so.

Here’s the full video of the trial with quick interviews of attorney Hynes and Ms. Lilley afterwards. If you want a brief rundown of the hearing, you can read the live tweets I sent during the trial here. The judge took the case under advisement and will issue a ruling by mail later. Stay tuned to Free Keene for the latest in this important case.

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  1. “Three snitches?” Wow, Bernard: you’re such an Internet tough guy. Someday you won’t be able to hide behind your keyboard and your words will catch up to you.

  2. Check the dictionary

    2. inform on someone.

    1. an informer.

  3. Thanks for being there to cover this.

  4. The Free State move could likely be triggered before the Edward Snowden speech.

    FSP should stop the petition at 19,999 and hold back one person to SIGN IT LIVE at the Liberty Forum on Snowden night.

  5. The motion written by Attorney Hynes seems to have the legal legs to make the “run your lifers” , run for their lives.

    I’m still a little unclear on why the State’s witnesses think nipples are dangerous…can they put someone’s eye out or steal your possessions? Exactly how do nipples victimize people?

  6. It is interesting how the defendant’s attorney spends the time in court pointing out they are not “woman”. It would appear this is the only way a freekeener can see a woman half naked.

  7. Jumping Jacks,

    A clever legal strategy by a defense attorney should not be construed as an adopted viewpoint among the attorney’s friends. That should be pretty clear.

  8. Would you like your young children being able to view some women’s exposed nipples? That’s the point here – it’s a matter of decency. I know that word falls on deaf ears among the Free Keene Douchebag Squad crowd, but it is to be expected: they are nothing more than a bunch of selfish, immature children posing as adults who could care less about anyone else around them.

  9. Why is it that women who want to walk around topless are just plain nasty looking? These broads are all butt-ugly.

  10. “snitches” is derogatory. It is not, however, unexpected language from such a vile and ignorant person such as Ian Bernard.

  11. @MikeAB: Would you like your young children being able to view some man’s exposed nipples?

    Nipples are nipples. They’re the same structure, whether attached to a male or a female. If one is “indecent,” then the other is “indecent.” If one is not, then the other is not.

    So, yes, I want my young children to be able to view men and women being treated equally. Including seeing men and women both able to go without shirts in the same places.

    And yes, you are correct that “snitches” is derogatory. It’s far better than bigoted scum like those snitches deserve, but Ian appears to favor erring on the side of politeness. The real terms which accurately describe them would not be fit for polite company.

  12. @mikeab You are the reason we do this, just to show off to people like you.

  13. What if those nipples are attached to a transgender? Wait how can you be classified as transgender… Is that a self proclamation? I understand that sometimes very rarely a child is born with both male and female genitalia, I’m not talking about this, but if you’re born with female genitals then you are female, that’s a scientific, biological fact. Just like if you are born with male genitals you are male, again it’s a scientific, biological fact. What basis does one have to self proclaim they are transgender? Now, I do know of the sex change operation, (not sure of the technical name) if one were to go through this operation and go through the legal process of changing their sex then deal! Unless you were born with male and female genitalia I don’t see how you can be transgender…
    Think about it this way, lets say my name is John Robert Doe:
    I want my drivers lisence to say Robert is my first name because that’s the name I go by. You must legally change your name to make Robert your first name, otherwise they can’t just put down Robert as your first name. That would be considered a fake id.
    Same is true of your sex… If you are male/female and you want to put female/male on your drivers lisence, you have to go through the procedures of making yourself female/male (respectively). Just like you would if you wanted to change your name… (Minus the operation).
    So for someone to self proclaim themselves as transgender, are they a biologist, or a Doctor, or an expert in anatamy? If not, are they proclaiming transgender because they wish they could be the opposite sex?

    Btw I agree with equal rights between men and women and if you have a sex change operation then you become that sex, NOT TRANSGENDER (unless “trans” stands for I transferred my gender to the other one. But then the word would become a verb not a noun)

    I think there should be uniform equality between men and women. But this “I don’t familiarize myself with either sex” crap is discrediting the women and men, who have become women, who are fighting for equal rights. The transgender argument is flawed. Unless born with male AND female genitals I don’t see how you can be classified as transgender.
    All this said, sexual orientation has nothing to do with the classification of male or female.

  14. Flint, would you want your teenage daughter or niece walking around with no top on. Freekeeners are hypocrites.

  15. I think women’s nipples are decent.

  16. I’d be perfectly okay with my daughter going topless. The question is could you handle seeing a topless woman without getting your boner on?

  17. Ian doesn’t believe there’s a distinction with women, hell he doesn’t see a problem banging underage girls.

  18. @Jumping Jacks: My daughters are free to wear tops, or not, as they see fit, and they choose to do so on the beach when they feel like it.

    And I’d much rather see them walking around topless (not sexual) than see them wearing pasties and thongs (decidedly sexual, but perfectly okay with the hypocrites in Gilford).

  19. Heidi: you’re an ugly, miserable woman who thinks nothing of others and their rights. You fit in quite well with the rest of the freetards.

  20. “The question is could you handle seeing a topless woman without getting your boner on?”

    I don’t know, Paul: could you handle seeing a topless man without getting your boner on? I’m guessing the answer is no.

  21. @ Grant You need a full lesson in transgender issues, but I do not think anyone will take the time to bother to attempt to educate you on it. You appear to be a hopeless case.

  22. @ MikeAB thank you for commenting on my appearance since you seem not able to stick to the topic and only lowering yourself to such base issues. Also, I do most certainly care of others rights, that is why I stood in court.

  23. Oy.

  24. You asshats are all pathetic, truly pathetic!
    Grow up, and stop breaking the law!

  25. @Bsizzle: What are you talking about? No law was broken. Well, the Gilford Selectmen broke the law by passing an illegal ordinance. Are those the “asshats” to whom you refer?

  26. Flinty, there you are.

Care to comment?