New Hampshire

N.H. city’s refusal to fly ‘Save Women’s Sports’ and ‘An Appeal to Heaven’ flags is unconstitutional, appeals court rules – The Boston Globe

Published

2 months ago

December 23, 2025

N.H. city’s refusal to fly ‘Save Women’s Sports’ and ‘An Appeal to Heaven’ flags is unconstitutional, appeals court rules – The Boston Globe

A federal appeals court has ruled officials in Nashua, N.H., engaged in unconstitutional viewpoint discrimination when they denied requests to fly certain politically charged flags, while allowing others, on the city’s “citizen flag pole.”

Bethany and Stephen Scaer, whose requests to hoist banners with the slogans “Save Women’s Sports” and “An Appeal to Heaven” were rejected, teamed up with the Institute for Free Speech and filed a lawsuit in 2024 alleging their First Amendment rights were violated.

The trial court in New Hampshire initially concluded the Scaers hadn’t demonstrated a likelihood that their case would succeed, since the flags approved for display at City Hall constitute government speech. But three judges on the First Circuit Court of Appeals reversed that decision Monday, finding that the flagpole in question had actually been a venue for private speech all along.

The case relates to one Boston lost in 2022, when the US Supreme Court ruled unanimously that the city had unconstitutionally rejected an application to fly a Christian flag.

Even though Nashua sought to clarify its policy in response to that 2022 precedent, the city’s process for deciding which flags from the general public would be allowed still didn’t convert private speech into government speech, according to the First Circuit ruling.

“Nashua was doing no more than simply approving that private speech with which it agreed,” Judge Sandra L. Lynch wrote in the ruling, joined by judges Gustavo A. Gelpí and Jeffrey R. Howard.

In a statement, Beth Scaer said the ruling offers a sense of vindication.

“No one should have to face government censorship for expressing their beliefs,” she said. “We’re thrilled with this victory for free speech rights throughout New England.”

Nathan Ristuccia, an attorney with the Institute for Free Speech who argued the case on appeal, said his team is delighted by the ruling.

“As the First Circuit recognized, governments cannot get away with censorship by labeling that censorship ‘government speech,’” Ristuccia said.

Before the lawsuit was filed, Nashua Mayor James W. Donchess said the city declined to fly the “Save Women’s Sports” flag because officials interpreted it as implying transgender people should face discrimination.

The Scaers, who regularly demonstrate against gender-affirming medical interventions for minors and against inclusion of transgender athletes in women’s and girls’ sports, rejected the notion that their messaging is transphobic.

As for the “Appeal to Heaven” flag, which features a pine tree, Donchess said city officials want to avoid endorsing the additional meaning it has taken on in recent years.

The banner emerged during the American Revolution, with a nod to the Pine Tree Riot in New Hampshire, an act of American resistance that preceded the Boston Tea Party. More recently, the flag has also been used by Christian nationalists, including some who carried it to the US Capitol on Jan. 6, 2021, when a violent mob delayed the certification of President Trump’s 2020 electoral defeat.

An “Appeal To Heaven” flag is pictured as people gather at Independence Mall to support President Donald Trump as he visits the National Constitution Center to participate in the ABC News town hall on Sept. 15, 2020, in Philadelphia. Michael Perez/Associated Press

In her application to raise the “Appeal to Heaven” flag, Beth Scaer said she wanted to honor the soldiers from Nashua who fought and died at the Battle of Bunker Hill in 1775. She and her husband said their request has nothing to do with the Capitol riot.

Nashua has also declined to fly several other flags since the 2022 policy update, including a “pro-life” flag and a Palestinian flag, according to the lawsuit.

Nashua’s attorney, Steven A. Bolton, said on Tuesday that the city has not yet determined whether to file an appeal. He noted that the appellate ruling calls for the trial court to grant interim declaratory relief while the case proceeds.

Bolton said the city has stopped inviting community members to fly their own flags.

“A new policy was adopted more than a year ago, and we no longer use the term ‘citizen’s flag pole,’” he said. “We no longer accept applications from other parties to fly flags on any of the poles on the City Hall grounds.”

Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.

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New Hampshire

Cher’s Son Arrested Twice In The Granite State | Child Rapist Gets 15 To 30 | Crashes: Nearby News NH

Published

8 hours ago

March 7, 2026

Press Room

Cher’s Son Arrested Twice In The Granite State | Child Rapist Gets 15 To 30 | Crashes: Nearby News NH

CONCORD, NH — Here are the Top 10 most popular stories and posts from around New Hampshire Patch sites last week.

Elijah Blue Allman Arrested Again In New Hampshire, Charged With Burglary In Windham After Concord Incident: After being accused of assault at St. Paul’s School, the son of Cher and the late Gregg Allman was arrested for mischief, breach in Windham.
Elijah Blue Allman Arrested After Incident At St. Paul’s School In Concord: The son of Cher and the late Gregg Allman was accused of threatening, trespassing and assault in New Hampshire.
Man From Concord Sent To Prison After Raping, Taking Pictures Of Young Girls In 2022 And 2023: Follow-Up: Jonathan Shaw of Concord pleaded guilty to sexual abuse images and sexual assault charges and was sentenced to 15 to 30 years in prison.
Downtown Shooting | How Much Income Makes Someone ‘Rich’ | Sex Sale Gone Bad On Facebook? Nearby News NH: Also: Teen accused of “unprovoked” attack; meth distributor sent to prison; Boston MedFlight relocates; DUI arrests; wrestling results.
4-Vehicle Crash On The Concord Heights Sends Drivers To The Hospital: Video: 2 drivers were taken to Concord Hospital after a multi-vehicle crash on Loudon Road on Wednesday afternoon.
Third Arrest Made In Facebook Cleaning Services Or Sex Sale Gone Bad Stabbing Case In Manchester: Melysia Caron, a Queen City career criminal with several convictions and suspended sentences, faces robbery, kidnapping, and other charges.
Mass. Man Seriously Injured After Being Struck While In I-93 Breakdown Lane: NH State Police Roundup: Londonderry man arrested after domestic incident, standoff. Plus, arrest blotters from around the Granite State.
Concord Police Investigating Minivan Crashing Into Guardrail And Down An Embankment: The driver, a man from Epsom, was taken to Concord Hospital on Thursday night after a crash at Route 106 and Loudon Road.
Man Struck In Breakdown Lane | Thief Accused Of Robbery | Income Tax Proposal Floated For Schools: PM Patch: Declining pool of nurses raises concerns; NH DOS settles sexual harassment lawsuit; child advocate nominee praised and criticized; more.
Cher’s Son Arrested Again In NH, Accused Of Burglary | Freezing Rain, More Snow Coming | More: PM Patch NH: NH wrestlers head to New Englands; fun things to do; historical society to get climate control upgrade; nonprofits get $1.8M from casino.

Here are some other posts readers may have missed:

Identity Of 1986 Human Remains Found In Bristol Confirmed Via DNA Investigation

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New Hampshire

Donna Soucy: The road to 2028 runs through New Hampshire

Published

20 hours ago

March 7, 2026

Press Room

Donna Soucy: The road to 2028 runs through New Hampshire

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New Hampshire

School health insurance rates are increasing across New Hampshire. There’s more at play than just GLP-1 weight loss drugs

Published

1 day ago

March 6, 2026

Press Room

School health insurance rates are increasing across New Hampshire. There’s more at play than just GLP-1 weight loss drugs

Duane Ford has managed budgets for the Bow and Dunbarton school districts for more than a decade, but nothing quite prepared him for this year’s health insurance bill: a 16% jump in premiums, the steepest increase he’s ever seen. “It’s a part of the budget that we don’t have any control over,” he said. The […]

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