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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

Antique And Vintage Market | Yard Sales | Farmers Markets | Music | More: The Portsmouth Patch Weekender

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Antique And Vintage Market | Yard Sales | Farmers Markets | Music | More: The Portsmouth Patch Weekender


Event listings are free on one Patch site. You can share your calendar info on other community sites for a modest fee, starting at 25 cents per day. To get started, visit the Events link on the front page of all Patch sites. Statewide calendar roundups are published on most Sundays and Wednesdays. Visit any of the 227 New Hampshire Patch Event sites (patch.com/map/new-hampshire) for updated listings.

Saturday

The Craftworkers’ Guild Annual Indoor Craft Yard Sale (3a Meetinghouse Road, Bedford)





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New Hampshire

Woman Taken To Concord Hospital On A Trauma Alert After A Rollover Crash On South Main Street

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Woman Taken To Concord Hospital On A Trauma Alert After A Rollover Crash On South Main Street


Just after 9 p.m., police were sent to the area of South Main Street near West Street for a report of a rollover crash with a person trapped inside the vehicle. A second caller also reported the crash, and dispatch said the caller sounded as if they were arguing with someone in the background, according to scanner chatter. The crash was just off the street’s intersection with West Street.

The first-arriving officer requested additional officers to shut down the southern part of the street.





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JUST ONE STATION: Father of Hampton, NH shooting victim speaks about ‘random act of violence’ – Boston News, Weather, Sports | WHDH 7News

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JUST ONE STATION: Father of Hampton, NH shooting victim speaks about ‘random act of violence’ – Boston News, Weather, Sports | WHDH 7News


TEWKSBURY, MASS. (WHDH) – The father of a 23-year-old man who was shot in a random attack at Hampton Beach in New Hampshire before the shooter turned the gun on himself spoke with 7NEWS Thursday about his son’s recovery.

On July 5, officers responded to a reported shooting in the area of 29 Ocean Boulevard at approximately 1:20 a.m. and found a 23-year-old man and a 25-year-old woman suffering from gunshot wounds, according to a joint statement issued by Attorney General John M. Formella, New Hampshire State Police Colonel Mark B. Hall, and Hampton Police Department Chief Alexander J. Reno. Both were taken to a nearby hospital.

Robert Perault said his son Chase was shot three times while he was walking with his 25-year-old girlfriend at the beach.

“Bullet was lodged in his left arm, and then two in the lungs,” Perault said. “It just blows your mind that this happens. I can’t explain any other way, it’s just a random act of violence.”

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Soon after, at the intersection of P Street and Ashworth Avenue, officers encountered the suspect, Tyshawn Cooper, 21, of Taylors, South Carolina, who pulled a handgun, raised it, and shot himself in the head as an officer fired at him, officials said. Cooper was a sailor in the United States Navy.

After an autopsy, Cooper’s cause of death was determined to be suicide.

Perault said his son and his girlfriend have both been released from the hospital but are continuing to recover from their injuries.

“The fact that he was threatening, so they say, people – to shoot somebody prior to that was kind of an indication that this was something going on,” Perault said.

He said his biggest questions are what Cooper was doing with the gun, and how he got the gun in the first place. He said he has received “not a word” from the Navy in the wake of the attack.

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Chase graduated from Tewksbury High School, loves fishing, and now works in construction with his father. Perault said his son has only had one question on his mind since he first woke up at the hospital.

“‘Why did he shoot us?’ That was the very first thing to come out of his mouth,” Perault said.

(Copyright (c) 2026 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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