Support HB1313 to Repeal Unconstitutional “Buffer Zones”
As Granite Staters, we pride ourselves in our “Live Free or Die” motto. Our State Constitution enshrines that idea, and declares free speech ought “to be inviolably preserved.” [Article 22]. Yet state law currently authorizes so-called buffer zones that restrict peaceful speech on public sidewalks.
HB1313, the Sidewalk Free Speech Act, would repeal those buffer-zone provisions (RSA 132:37–132:40) and restore a simple rule: government should not preempt peaceful speech on public property or favor some voices over others. This speech includes sidewalk advocates who volunteer their time to inform women about life-affirming options like New Hampshire’s 15 free Pregnancy Resource Centers—vital since 60% of women say they’d choose birth over abortion if they had more support.
Let’s not Mass up NH by keeping buffer zones: Massachusetts’ similar law was unanimously struck down by the U.S. Supreme Court in McCullen v. Coakley (2014).
Leaving the buffer zone law in place is not free: Even though it has not been enforced, retaining the law risks future enforcement and taxpayer-funded defense; an earlier challenge was dismissed for lack of standing, not on the merits. One abortion provider already said they “will be enforcing it if it stays in law” (2022). As written, the buffer zone could criminalize a person silently praying on the sidewalk near an abortion clinic (something people are arrested for in the UK now).
If you worry about safety, existing criminal statutes already prohibit assault, stalking, and targeted harassment — protecting clinic staff, patients, and the public without broadly gagging lawful speech.
Free speech is not merely a slogan; it is a guardrail of constitutional liberty. HB1313 restores that guardrail without endorsing any particular viewpoint — it simply refuses state censorship of peaceful public expression.
Act now:
1. Testify in person: Wed, Feb 11 at 2 pm, Room 230, 1 Granite Place, Concord, NH.
2. Email the House Judiciary Committee: Introduce yourself, your town, why you back repeal, and urge them to support HB1313.
3. Contact your representative: A quick call or email supporting HB1313 and urging House Judiciary to defend our liberties.
Jason Hennessey is the President of NH Right to Life.
