On January 11, 2019, the New Hampshire Supreme Court issued a decision that serves as a strong reminder that public employers in New Hampshire must be careful not to run afoul of their employees’ free speech rights when making employment decisions.  

New Hampshire RSA 98-E provides public employees with a statutory right to engage in free speech.  RSA 98-E: 1 states, in pertinent part, “[A] person employed as a public employee in any capacity shall have a full right to publicly discuss and give opinions as an individual on all matters concerning any government entity and its policies,” except for matters that are privileged or confidential.  Because RSA 98-E permits public employees to engage in ...