Facebook and freedom of speech subject of dispute between citizen and police chief

GORHAM Facebook and freedom of speech are at the center of a dispute between a resident and the towns police chief that now also involves the American Civil Liberties Union of New Hampshire.

According to Robert Balon, his beef with Chief PJ Cyr goes back to 2009, when he raised questions about the departments shooting range, adding that while Cyr is often the subject of postings on his Welcome to Reality Facebook page, anyone who gets my tax dollars is fair game.

Cyr agrees that Balon can say anything about him in his official capacity, but he drew the line at his family, which he says has been maligned by Balon on several occasions.

On Feb. 17, in an attempt to stop Balon from posting further comments about his family, Cyr gave Balon a letter, written on the Gorham PDs letterhead and signed by Cyr as chief, in which Cyr wrote that Balons Facebook postings represented a course of conduct that evidences a continuity of purpose to annoy and alarm me and my family.

Pursuant to RSA 644:4(f), consider this letter official notice that I and my immediate family do not desire any further communication from you, Cyr wrote, adding that in a recent NH Supreme Court decision, a copy of which he also gave Balon, the court upheld the convictions in Rockingham County Superior Court of Brian Craig on charges of criminal threatening, witness tampering and stalking.

Craigs victim, who knew Craig only as a customer at the restaurant where she worked, complained to Exeter Police that Craig had sent two letters to her place of employment that had alarmed her. Exeter Police subsequently served Craig with a letter warning him that future stalking behavior would result in his being charged for that offense.

On that same day, Exeter Police served Craig with a no-trespass order at the victims employer and two days later, a temporary order was issued against Craig, which ordered him to have no contact with the victim. Nonetheless, Craig continued to post messages on his Facebook page directed to the victim, and he was subsequently arrested, tried and convicted.

Balon, although he acknowledges being one of Gorhams most outspoken gadflies, maintains that Cyr was not only wrong but way out of line to try to stop him from talking about the chief on Facebook.

On Feb. 18, Balon said Cyr provided no specific examples of the alleged improper postings, adding that unlike in State v. Craig, his postings have never been threatening, nor has he ever been served with a restraining order that barred all communication with Cyr.

Several hours after receiving Cyrs letter on Feb. 17, Balon sent emails to Gov. Maggie Hassan and the Attorney Generals Office, as well as to media outlets, claiming that Taxpayer paid Gorham NH Police Chief Paul S. Cyr Jr. is abusing his power, threatening, harassing, oppressing me, violating my rights and putting me in harms way by desiring/ demanding in writing that he does not want any further communication from me, etc.Balon wondered How can this take place when he works for me as a taxpayer-paid employee in the town of Gorham N.H. in which I live!?