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.
Get N.H. Morning Report
Advertisement
A weekday newsletter delivering the N.H. news you need to know right to your inbox.
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.
Advertisement
“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.
Advertisement
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.
Advertisement
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.
The New Hampshire Lottery offers several draw games for those aiming to win big.
Here’s a look at Saturday, Aug. 15, 2026 results for each game:
Winning Powerball numbers from Aug. 15 drawing
05-08-27-29-63, Powerball: 13, Power Play: 2
Check Powerball payouts and previous drawings here.
Advertisement
Winning Pick 3 numbers from Aug. 15 drawing
Day: 6-9-1
Evening: 5-1-0
Check Pick 3 payouts and previous drawings here.
Winning Pick 4 numbers from Aug. 15 drawing
Day: 1-4-8-2
Evening: 9-3-8-4
Advertisement
Check Pick 4 payouts and previous drawings here.
Winning Megabucks Plus numbers from Aug. 15 drawing
08-10-20-27-29, Megaball: 02
Check Megabucks Plus payouts and previous drawings here.
Winning Millionaire for Life numbers from Aug. 15 drawing
12-13-26-35-43, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Advertisement
Feeling lucky? Explore the latest lottery news & results
When are the New Hampshire Lottery drawings held?
Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
Pick 3, 4: 1:10 p.m. and 6:55 p.m. daily.
Mega Millions: 11:00 p.m. Tuesday and Friday.
Megabucks Plus: 7:59 p.m. Monday, Wednesday and Saturday.
Lucky for Life: 10:38 p.m. daily.
Gimme 5: 6:55 p.m. Monday through Friday.
Millionaire for Life: 11:15 p.m. daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a New Hampshire managing editor. You can send feedback using this form.
The New Hampshire Fish and Game Department is billing four 18-year-old hikers who had to be rescued Friday after trying to navigate the White Mountains unprepared, officials announced Saturday.
The hikers were identified as Jainam Bhavsar, Purva Jayani, Tirth Shah, and Advik Yadav, all from New Jersey, the Fish and Game Department said in a press release Saturday.
Shortly before 9 p.m., crews responded to the group who were stuck on Franconia Ridge in Franconia, officials said.
One hiker reported having difficulty breathing and sore legs, according to the release.
Advertisement
Officials learned that the group had started their hike at 3:30 pm and did not have headlamps, or enough food and water to complete the 7-9 hour hike, the release said.
The group was not properly dressed for the strong winds and cold temperatures above 5000 feet, according to officials.
A Pemi Valley Search and Rescue Team left the trailhead shortly after 10:30 p.m., hiking over 4.2 miles to Franconia Ridge and then to Mount Lincoln, where they found the hikers nearly three hours later, officials said.
The unprepared hikers were given lights, food, water, and warm clothing, officials said.
Rescuers guided the group back to the trailhead where they arrived shortly after 9:00 a.m. on Saturday morning, according to the release.
Advertisement
New Hampshire is one of the few states where hikers deemed negligent can be charged for their rescues.
The department typically conducts between 180 and 200 rescues each year, and of those, around 12 on average will end up with a bill, New Hampshire Fish and Game Colonel Kevin Jordan told EMS1 in February.
Hannah Goeke can be reached at hannah.goeke@globe.com.
MANCHESTER, N.H. (WHDH) – Fire crews battled a multi-alarm blaze in Manchester, New Hampshire, early Saturday morning that burned three homes and left 20 people displaced, officials said.
Crews responding to a reported structure fire around 1:45 a.m. found heavy fire coming from all three floors of a triple-decker on Main Street.
A single-family and a two-family home on either side of the home also suffered damage.
There were no reported injuries.
Advertisement
One police officer was taken to the hospital for smoke inhalation.
The cause of the fire remains under investigation.
(Copyright (c) 2026 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
Join our Newsletter for the latest news right to your inbox