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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

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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.

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“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.

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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.

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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

Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains

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Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains


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A Massachusetts hiker who set out in warm spring weather was found dead deep in New Hampshire’s White Mountains after a snowstorm dumped several inches of snow in the area, authorities said.

Kent Wood, 61, of West Roxbury, was discovered Tuesday evening on a remote section of the Kinsman Pond Trail in Franconia Notch, about 5.5 miles from his vehicle, according to New Hampshire Fish and Game.

Wood had driven to Franconia Notch on April 17 for a weekend camping and hiking trip, and set out on a hike the next morning in warm, clear weather, officials said. Family and friends last heard from him Saturday afternoon.

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When he failed to return or make contact for two days, officials said relatives reported him missing Tuesday morning, prompting a large-scale search.

HIKER IDENTIFIED, POPULAR TRAIL CLOSED AFTER DEADLY FALL A UTAH’S ZION NATIONAL PARK

An aerial view of Franconia Notch State Park in New Hampshire, where a hiker was found dead on Tuesday. (Joseph Sohm/Universal Images Group, File)

Rescuers quickly learned Wood had packed for mild conditions, not the three to five inches of snow that fell in the area between Sunday and Monday.

Fog hovers over a narrow road through Franconia Notch in the White Mountain National Forest in New Hampshire on Dec. 27, 2021. (Andrew Lichtenstein/Corbis)

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Search teams from Fish and Game, PEMI Valley Search and Rescue, and the Army National Guard launched a coordinated effort, focusing on the Lonesome Lake and Kinsman Pond areas.

FAMILY’S SPRING BREAK HIKE TURNS INTO LIFE-OR-DEATH RESCUE AFTER PARENT FALLS 70 FEET OFF UTAH CLIFF

Conservation officers located Wood’s body around 7:41 p.m. Tuesday. Crews carried him out overnight, reaching the trailhead shortly after 1 a.m. Wednesday.

Franconia Notch and the Appalachian Trail are seen in New Hampshire on Sept. 21. (Carol M. Highsmith/Buyenlarge/Getty Images)

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Since Friday, six hikers from Massachusetts have been rescued in the White Mountains, Fish and Game said.

Officials are reminding hikers that winter conditions still grip the mountains, with snow, freezing temperatures and rapidly changing weather.



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New Hampshire

Death of Laconia, N.H. man ruled a homicide – The Boston Globe

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Death of Laconia, N.H. man ruled a homicide – The Boston Globe


Authorities ruled the death of a 62-year-old man who was found stabbed at his home in Laconia, N.H. last week a homicide, prosecutors said Tuesday.

An autopsy by the state medical examiner’s office found that John Anderson died from stab wounds to the neck, the office of Attorney General John M. Formella said in a statement.

Police went to Anderson’s apartment at 217 South Main St. the morning of April 14 for a welfare check when officers discovered his body, Formella’s office said in a previous statement.

No arrests were reported.

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State Police detectives asked the public for information about Anderson’s movements or activity at his home from April 12 to April 14.

Anderson’s death was the first of two homicides in Laconia on April 14.

Linda Dionne, 58, was found dead at 52 Old Prescott Hill Road around 1:40 p.m., Formella’s office said. An autopsy showed she died of strangulation.

Dionne’s son Christopher Garon, 32, was at the scene and shortly arrested and charged with second-degree murder, officials said.


Chloe Pisani can be reached at chloe.pisani@globe.com.

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New Hampshire

Police locate missing New Hampshire teen during Portland traffic stop

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Police locate missing New Hampshire teen during Portland traffic stop


PORTLAND, Maine (WGME) — Police say they found a missing New Hampshire teen during a traffic stop in Portland on Monday.

Police say they stopped a car at the intersection of Hanover Street and Lancaster Street around 8:35 p.m.

Police say they arrested 19-year-old Wyatt Boulette of Springvale and charged him with operating after suspension or revocation and violating conditions of release. He was taken to the Cumberland County Jail.

A 17-year-old boy, who was a passenger in the car, had a warrant for his arrest. He taken Long Creek Youth Development Center in South Portland.

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Wyatt Boulette (Cumberland County Jail)

Police say another passenger, a 17-year-old girl, had been reported missing in Tilton, New Hampshire. She was taken to the Portland Police Department, where she was later released to her mother.

No other details have been released at this time.

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Anyone who has any information about this case is asked to call the Portland Police Department at (207) 874-8575. You may also text the keyword PPDME and your message to 847411.



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