New Hampshire v. Theriault
Seal of New Hampshire
Argued October 8, 2008
Decided December 4, 2008
Full case nameThe State of New Hampshire v. Robert Theriault
Holding
Filming sexual intercourse for payment between individuals is not an illegitimate activity as long as the acts being engaged in would otherwise be legitimate if no videotaping were to occur, as this would be a restriction of free speech. Not videotaping but still paying is an illegitimate activity as this would qualify as a form of prostitution. Pornographic film production legal in New Hampshire.
Court membership
Chief JusticeJohn Broderick
Associate JusticesLinda Dalianis, James Duggan, Joseph Nadeau, Gary Hicks
Case opinions
MajorityDuggan, joined by Broderick, Dalianis, Galway, Hicks
Laws applied
U.S. Const. amend. I and XIV;
N.H. Const. Pt. I, Art. 22.