New Hampshire lawmakers weigh limits on politically motivated doxing

(The Center Square) — Citing a growing lack of civility in U.S. politics, New Hampshire lawmakers are considering proposals seeking to limit online harassment and intimidation based on a persons' political affiliation or views.

One proposal, HB 1464, would criminalize so-called "doxing" and prevent employers from firing or discriminating against a person because of their political affiliation or opinion. It would also expand a state law that outlaws abusive phone threats and other behavior to include online harassment.

Under the bill, perpetrators could be charged with a Class B felony if the harassment resulted in the victim losing their jobs or suffering economic harm, and if the doxing causes a reasonable person to suffer substantial emotional distress or fear for their safety, employment, or economic well-being."

Another bill, HB 1367, would define doxing as the "intentional" posting of someone's personal information "without their consent” with the intent to "threaten, intimidate, harass, or cause substantial emotional distress or physical harm." It would become a Class A misdemeanor, with violators facing up to a year in jail and up to a $2,000 fine.

The primary sponsor of both bills, state Rep. Terry Roy, R-Deerfield, says political speech New Hampshire and elsewhere has reached dangerous heights.

"People are being harassed. They are being scared out of their homes and jobs. And let's be frank, people are being killed," Roy, who chairs the panel, told fellow lawmakers. "We have to take the steam out of this balloon, it's going to pop. You can't watch the news without somebody being harassed. And this is both parties. It's happening to everyone."

Roy said under New Hampshire's current laws, a landlord could choose not to rent to a prospective tenant because they are a Democrat or a Republican. That's because a person's political affiliation is not considered a "protected class" under current state law.

"That should not be legal," Roy told the panel. "We should not be allowed to discriminate against people because of what they believe politically. That's what this bill does."

If approved, New Hampshire would join nearly a dozen states that penalize the act of doxing, according to the Council of State Governments. The laws defining doxing differ by state, as do criminal and civil penalties, the council said.

The Foundation for Individual Rights and Expression, a free speech advocacy group, has warned that anti-doxing laws can unnecessarily infringe on First Amendment rights by punishing those who post what is otherwise considered public information. The group said federal and state laws already protect against harassment and intimidation.

"Merely disclosing the names of government agents or places where they carry out their official duties is constitutionally protected speech, especially when tied to political criticism," the group said in a recent statement.

But political observers say coordinated doxing campaigns are on the rise. Critics say social media companies are playing a role in online harassment, which has prompted some companies to tighten their posting policies. Following the assasination of conservative activist Charlie Kirk, online groups targeted academics, teachers, government workers and others who posted negative comments about him.

Roy said while New Hampshire hasn't experienced any recent acts of political violence, his proposal seeks to stop online harassment before it leads to a tragedy in the state. He said the need for a law is a reflection of a society where people with opposing political viewpoints are resorting to threats and violence instead of civil discourse.

"These are things we used to celebrate in this country," he said. "We need to treat each other better. Unfortunately, we used to be able to do that without laws. Apparently, we don't anymore."

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