The Legislative Ethics Committee has advised the New Hampshire House to censure Rep. James A. Spillane, R-Deerfield, after he posted defamatory and demeaning comments on platform X targeting Rep. Timothy Horrigan, D-Durham.

The panel accused Spillane through March complaints of publishing material on X while identifying himself as Representative James Spillane, featuring remarks that were insulting and belittling toward fellow House members.

In particular, after Representative Horrigan replied to Spillane's description of Representative Cathryn Harvey as a liar, Spillane labeled Horrigan as retarded, claimed his mother had engaged in an incestuous act, and charged him with using LSD during the 1960s, according to the special report delivered to the House Speaker and signed by committee chairman Edward M. Gordon.

Spillane did not promptly reply to a request for comment on Friday, and House Speaker Sherman Packard, R-Londonderry, was also unavailable for immediate response.

The same panel had previously cautioned Spillane regarding an anti-Semitic post on Parler in 2021, yet that incident was not factored into the current determination released Friday. Spillane had claimed ignorance of the meme's nature and issued an apology at the time.

Gordon noted that disagreements among legislators over legislation can occasionally result in tense exchanges.

Yet in this instance, Representative Spillane issued highly insulting public claims about a colleague by calling him retarded, alleging LSD use in the 1960s, and most troublingly suggesting his mother had sexual relations with a cousin.

Such actions exceed typical legislative disputes and amount to a personal assault that shows disregard for another representative's dignity. The social media statements by Representative Spillane amount to defamation against Representative Horrigan, qualify as demeaning and harassing, and fall outside the ethical standards set by the General Court.

The report emphasized that legislators posting on social media must consider the potential impact on others.

The Committee found Spillane violated Ethics Guidelines Section 1 on Principles of Public Service, specifically Paragraph III on Accountability requiring open and honorable conduct that builds public trust, and Paragraph IV on Conduct mandating dignity and respect toward colleagues and the public.

The full House will decide on the recommendation during its next session, anticipated on Veto Day in September or October.

The report indicated Spillane acknowledged the posts at a hearing but maintained they occurred outside official duties and thus beyond committee jurisdiction, while also asserting constitutional free speech protections.

Although freedom of speech is essential, it has limits, and categories like defamation or harassment may face restrictions. Representative Horrigan stated the claims were false, and Representative Harvey expressed valid safety concerns, the report noted.

In 2020 the Attorney General's civil rights unit examined another Spillane post equating Black Lives Matter signs with an invitation to loot homes, which he described as tongue-in-cheek commentary; that probe ended without further action.