A Muzzle to the Town of Hanover, N.H., for Refusing to Release Arrest Records After a Dartmouth Protest

Key Takeaways

• Hanover town denied arrest records for two Dartmouth protesters in 2023
• Supreme Court ordered release and awarded attorney fees to Valley News
• Students faced misdemeanor trespass charges, sentenced to community service and $310 fine
• Ruling reinforces New Hampshire’s Right‑to‑Know law and press accountability

Pulse Analysis

Public‑record statutes are a cornerstone of American democracy, obligating law‑enforcement agencies to disclose basic arrest information unless it jeopardizes an investigation. The Hanover case highlights how local officials can test the limits of these laws, especially when protests intersect with politically sensitive issues such as campus divestment from companies linked to geopolitical conflicts. By refusing to release the records of two peaceful pro‑Palestinian demonstrators, the town not only contravened the state’s Right‑to‑Know law but also risked eroding public trust in its policing practices.

The legal battle unfolded over more than a year, with The Valley News suing to compel disclosure and to recover statutory attorney fees. After a lower‑court order, Hanover’s continued delay and refusal to cover costs prompted the state Supreme Court’s decisive 3‑0 ruling, affirming that municipalities must bear the expense of defending the public’s right to information. The court’s language emphasized that the town “knew or should have known” its blanket denial was unlawful, reinforcing the principle that transparency cannot be penalized by financial barriers. This outcome sends a clear message to other New Hampshire towns about the fiscal and reputational consequences of non‑compliance.

Beyond the immediate parties, the ruling carries broader implications for media outlets and activist groups nationwide. It strengthens the legal footing for journalists seeking records in protest‑related incidents, ensuring that coverage of civic dissent remains robust. Municipalities may now reassess internal policies, adopting more proactive disclosure practices to avoid costly litigation. As campuses continue to be flashpoints for social movements, the Hanover decision serves as a benchmark for balancing public safety, protest rights, and the essential transparency that underpins accountable governance.