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

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More