Nancy West , InDepthNH.org; Ethics Panel Recommends Censure for Rep. Spillane for ‘Demeaning’ Comments
"The Committee charged Spillane with violations of the Ethics Guidelines, Section 1, Principles of Public Service, Paragraph III, Principle of Accountability, which provides that legislators “shall ensure that government is conducted openly, equitably and honorably in a manner that permits the citizenry to make informed judgments, have confidence in the integrity of the legislature, and hold government officials accountable” and Paragraph IV, Principle of Conduct, which provides that legislators “shall treat each other, legislative employees, and the public with dignity and respect.”
It will be up to the House to vote on the committee’s recommendation. The next time the House is expected to be in session will be Veto Day in September or October.
The report said Spillane admitted to making the postings identifying him as a state Representative at a hearing on the matter, but said they weren’t made in the performance of his official duties so his conduct didn’t fall within the jurisdiction of the Committee. Spillane also argued that his comments in the social media posts are protected speech under the federal and New Hampshire constitutions.
“While the right of freedom of speech is fundamental, it is not absolute. Certain categories of speech such as defamation and harassment can be restricted. In this case Rep. Horrigan testified that the offensive statements made in the posts were not true and. Rep. Harvey testified that she had legitimate concerns about her safety,” the report said.
In 2020, the civil rights unit of the Attorney General’s Office investigated a social media post by Spillane that stated “Public Service Announcement: If you see a (Black Lives Matter) sign on a lawn it’s the same as having the porch light on for Halloween. You’re free to loot and burn that house.” Spillane said at the time he meant that post as “tongue-in-cheek” political commentary and the investigation was suspended with no action taken."
