A Nashua woman has won a second free speech lawsuit against a New Hampshire community this year. This week, an appeals court found that the city of Nashua violated Beth and Stephen Scaer’s First Amendment right to free speech when it refused to fly their flags on the city’s so-called “Citizen Flag Pole.”
One flag protested the participation of trans athletes in school sports. The other was associated with the Jan. 6, 2021 attack on the U.S. Capitol. A New Hampshire federal court judge rejected the Scaers’ argument earlier this year, saying the city’s flag pole policies are not protected by First Amendment free speech rights.
The Scaers appealed. Beth Scaer called the court ruling a win — even for people who disagree with her viewpoint.
“It's a free speech issue,” Scaer said. “We shouldn't be censored by the government. That's right there in the Bill of Rights."
Nashua’s Citizen Flag Pole was reserved for community members who obtained city approval to fly a flag to support their cultural heritage, observe an anniversary, honor a special accomplishment, or support a worthy cause. The city has since changed its policy and eliminated the Citizen Flag Pole.
It’s unclear if Nashua will appeal the ruling.
In September, Beth Scaer and her attorneys from the Institute for Free Speech settled a First Amendment free speech lawsuit against the Kearsarge School District for more than $30,000. Scaer alleged the school board chairperson had prohibited her from voicing opposition to allowing trans athletes to participate in school sports.
