New Hampshire Suit Impacts Bloggers and News Websites

CONCORD, N.H. — What is a journalist? That is the question that the New Hampshire Supreme Court is trying to decide in a case that may determine the legitimacy of independent websites and bloggers that report on news stories — and the legal protections that are afforded to them — or not.

The case, The Mortgage Specialists, Inc. (MSI), v. Implode-Explode Heavy Industries, stems back to 2008 and revolves around Las Vegas-based Implode-Explode and its website, www.ml-implode.com, which discusses the mortgage industry meltdown.

In the original action, MSI was granted a temporary injunction compelling Implode-Explode to remove its "2007 Loan Chart" from the company's website. MSI also sought the identity of an anonymous user known as "Brianbattersby," who allegedly posted defamatory comments about MSI and its president.

While Implode-Explode reportedly removed the loan chart and comments, it refused to provide the name of its anonymous sources, at which point MSI sought and won a permanent injunction against the company.

In this week's hearing, Implode Explode attorney Jeremy Eggleton of Orr & Reno decried the injunction as a violation of the First Amendment that tramples on the rights of his client by imposing prior restraint on his ability to speak freely.

MSI counsel Alexander Walker of Devine, Millimet & Branch, retorted that "This is not the Pentagon Papers … They [Implode Explode] are not journalists."

Although both parties concede that the ml-implode.com website is not The New York Times, the question rests on what constitutes journalism and who is able to benefit from Constitutional protections over the freedom of the press.

"Can anyone who posts a blog be considered a reporter?" Associate Justice Carol Ann Conboy asked Eggleton; who replied affirmatively that "The test is whether the person has an intention to gather, analyze and disseminate," and contended that this "is a reasonable standard and Implode Explode meets that standard."

MSI came to the attention of Implode-Explode after an investigation by banking authorities in Massachusetts and New Hampshire for a variety of alleged violations, which ultimately required MSI to pay a fine of $725,000 and to open old files for further review.

For its part, MSI contends that its confidential internal documents were improperly leaked to the New Hampshire Banking Department.

While the court has not yet made a final ruling, some observers believe that it could remand the case back to the lower court, asking for clarification on several specific points of law and that the case could be wide-reaching and precedent setting.

"As we are moving online and our journalism is going online," Assistant Director of the Citizen Media Law Project and Fellow at the Berkman Center for Internet & Society at Harvard, Sam Bayard, said. "This could have a big impact."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

Show More