As has been reported here at FK, first the Keene district court banned cameras from its lobby. Activists Sam Dodson and Dave Ridley were arrested for defying this ban. A couple of years later, the ban was extended to all media devices and applied to the entire courthouse. It was at this time that the “superior court” in Keene also picked up the ban and began confiscating cell phones and other devices. District court had Derrick J arrested in the lobby for recording this summer (the charges were dropped later) and superior court later had Jason Talley arrested for recording in their lobby. He is still facing trial on that matter. Around this same time, the total media device ban was extended to all circuit courts in NH.
It has been an all-out assault on press freedom in the NH courts for the last couple of years, but all-of-a-sudden, a new “Administrative Order” has been released on 12/1. Here’s a link to the superior court version of it by head judge Tina Nadeau, which has nearly identical language as the one that the circuit (district) court also released.
As is their habit, the people calling themselves the “City of Keene” have threatened Beau Davis with caging if he sets foot on Central Square. This is the same thing they have done to FK blogger Derrick J and other activists arrested there since this summer. It’s a desperate attempt at control. Here’s Beau, interviewed across the street by Fr33 Agents:
I have a very simple response to those who are calling me incorrect when I’ve repeatedly claimed that the University System of New Hampshire is a “political subdivision” and therefore has firearm and knife regulations that are illegal under New Hampshire law.
Well, actually, the United States District Court for the District of New Hampshire and the University System of New Hampshire itself is the one with the response to this particular criticism. The response is found in University System of New Hampshire v. U.S. Gypsum 756 F.Supp. 640 (1991):
For purposes of this motion, the amount in controversy is not at issue. The issue is whether USNH is a citizen of the state of New Hampshire for the purposes of diversity jurisdiction. Defendants argue that USNH is a mere “arm” or “alter ego” of the state, and as such cannot be a citizen of New Hampshire for the purpose of diversity jurisdiction. Plaintiff USNH contends that under New Hampshire Revised Statutes Annotated (“RSA”) 187-A:1, it was established as a “body politic and corporate,”7 and thus, although it is a political subdivision of the state, it is not an “alter ego” of the state, and is therefore a citizen.
…
Based on its review of the status of USNH vis-a-vis the State of New Hampshire, the court finds that USNH is a governmental corporation of sufficient autonomy to escape designation as an alter ego of the state. USNH is therefore a citizen of New Hampshire, subject to the diversity jurisdiction of the federal court.
That’s right: the University System of New Hampshire argued in the United States District Court back in the early 90’s during an attempt to invoke federal diversity jurisdiction that it is a “political subdivision” of the State of New Hampshire. See section “c” of the statue I linked (28 USC 1332) to understand why USNH needed to be a “corporation” and not part of “the state” to proceed with their lawsuit. The court agreed with USNH’s argument.
I would like to take this opportunity to remind the University System of New Hampshire’s General Counsel (who will undoubedly be advising the Plymouth State University Police how to handle Tommy Mozingo and my information distribution on Friday) that this is still controlling law here in New Hampshire.
Quoting United States Magistrate Judge Landya B. McCafferty in the 08/25/10 non-published opinion of John Collins, v. University of New Hampshire and Bruce L. Mallory (Civil No. 09-cv-78-LM) “While Univ. of N.H. vs. U.S. Gypsum Corp. is nearly 20 years old, it remains good law.”
To everyone who doesn’t speak state: I apologize for getting all legal-eezy on you about this. It unfortunately is necessary given the nature of the issue.
The following is a press release regarding a information distribution Tommy Mozingo and I will be partaking in at Plymouth State University on 12/09/11. The intent of the information distribution is to call attention to the illegal regulations that the University System of New Hampshire has enacted to restrict self-defense rights by both students and public members.
Radio Free Keene News is a five minute newscast which is available as a podcast and also will air at the top of some hours on LRN.FM.
You can download the edition for this week here. Topics covered include Ademo’s felony wiretapping charges, Brad Jardis’ upcoming civil disobedience, and a charity operator’s violent arrest by Bedford cops.
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In a recent episode of Freedom Watch, Judge Napolitano talks to Lynn Chong, former chair of the Belknap (NH) County Democrats. Frustrated with Obama’s foreign policy, she changed her voter registration from Democrat to independent udeclared and will vote for Ron Paul.
“I would definitely call myself a progressive,” said Will Hopkins of Belmont [NH], who returned from a tour as infantryman in Iraq to become executive director of New Hampshire Peace Action, a group seeking to end foreign wars and cut defense budgets. “I supported Obama in 2008, but I’m supporting Ron Paul. That’s where I’m putting my eggs this year,” he said. “A lot of folks in the peace movement are taking a close look at Paul.”]
Radio Free Keene News is a five minute newscast which is available as 
