Not long ago, a New Hampshire Superior Court Judge tore up a temporary restraining order against a small town New Hampshire weekly newspaper.

Although "right" won out in the end, the incident shows how vulnerable small-time press operations are to assaults on one of the country's most cherished freedoms.

But because of an enterprising little newspaper and a second Judge's ruling later, the townspeople of Bennington are reading about an investigative report that they themselves paid for, reportedly to the tune of $10,000, but which had been kept secret by their selectmen since last March.

The newspaper, Speak Out, published in Hillsborough and distributed in other communities, including Bennington, had just printed excerpts from this "secret" report when a court order came down - issued by Judge Harold Perkins - to squelch its publication (and recall papers already distributed). Several daily newspapers were also onto the story, but were not cited by the court.

The 10-page town report alleges "multiple representation," "errors in judgment," and possible "conflicts of interest" on the part of former Bennington town lawyers, and others.

"I couldn't imagine that it (publishing the report) was illegal, but at the same time, you're afraid to fool around with the court," Speak Out Publisher June Cooper said of Perkins' order, "If the judge is wrong, no one will go after him; they're going to go after me."

Speak Out is a small tabloid with a circulation of about 1,200 per week. The soft-spoken 65-year-old Cooper is slight of build, comfortable of manner, and appears far too neat and well groomed to be in the newspaper game. To see her, one would think she puts in long days in the garden coddling rhododendrons and azaleas, when not serving sun tea to the neighbors, that is. One might easily assume that she's a bit of a push over when it comes to heavy matters before selectmen or town planning and zoning boards.

"Yeah, I walk around in jeans a lot. People don't know I'm a professional, that I have dozens of pairs of high heels in my closet," Ms. Cooper notes with a quiet chuckle.

What people like the town of Bennington's legal beagle's also didn't know, however, is that June Cooper is no push-over.

"I've been a reporter since I was 19," she says, which means Cooper's been working news beats for nearly 50 years. She's served stints on the Newport News Daily Press, the Nassau Guardian, and as bureau chief for the Haverhill (Mass.) Gazette, also working on papers in Texas and Kansas before coming home to her parents' brick Colonial farmhouse in Hillsborough. She started Speak Out about four years ago. First it was a few simple mimeographed sheets, now it runs 20 or so pages on newsprint.

"It pays my bills, and it's a lot of fun," Cooper says.

Two serious questions come to mind about this odd case, however. First, why was a restraining order filed in the first place?

That's easy. Small-minded Bennington politicians sent an attack-dog lawyer into court and smooth-talked a judge into issuing one. They claimed publication of the document would violate "attorney-client privilege."

The second: Why did a respected jurist like Harold Perkins, appointed to the bench in 1988 by John Sununu, go ahead and grant the order - without the publisher or her lawyer in court to argue her side of the story, no less?

He (and the town's lawyer) supposedly at one time passed the New Hampshire bar exam, considered one of the toughest in the country. Presumably there was a question or two on it about the First Amendment. Maybe there was even one about our own state's constitution, for instance Article 8, which begins: "All power residing...and being derived from the people, all the magistrates and officers of government are their substitutes...and at all times accountable to them..."

The answer to the latter escapes us. Although Bill Williams, owner of William's Store, down the road from Cooper's office, has one that may be as good as any.

"Well, it was Friday, maybe the judge just wanted to quit and get outta there." said Williams.

Whatever the reason, the state's legal system in the end worked. A hearing was convened several days later and a satisfactory ruling resulted - issued by Judge Robert Lynn, a colleague of Judge Perkins.

Thanks to Judge Lynn, freedom of speech and of the press (for small time operators - notice the big press outlets which covered the same story were never restrained) remains alive and well in the "Live Free or Die" state, at least for now.

There is also another thing. Those in the courts and at the Bennington Town Hall who didn't count on June Cooper being one tough, professional little newspaper lady, won't be making that mistake again.

Dean Dexter is a former contributing editor for New Hampshire Magazine (http://www.nh.com) and is a former state representative, where he served as a member of the House Judiciary Committee.

Posted 1996

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