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The marker drew criticism from some Republicans, who argued it was inappropriate, given Elizabeth Gurley Flynn's Communist involvement.
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A Merrimack Superior Court judge is reviewing whether the case should proceed to trial.
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They claim the state violated the law and its own policies when it ordered the marker removed based on some politicians’ objections to Elizabeth Gurley Flynn’s prominent role in the Communist Party.
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Elizabeth Gurley Flynn, known as "The Rebel Girl" for her fiery speeches, was a founder of the American Civil Liberties Union and advocated for women's voting rights and access to birth control.
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Local activists say they plan to challenge the state's removal of a historical marker about Elizabeth Gurley Flynn, the 20th century labor activist and Communist Party leader
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The Elizabeth Gurley Flynn marker was removed from its original location in May, just weeks after it was installed.
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Born in Concord in 1890, Flynn was a crusader for women’s and worker’s rights, a founding member of the ACLU and, later, a leader of the Communist Party.
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Elizabeth Gurley Flynn’s biography was featured on a state-issued sign for less than two weeks, after Republicans called for its removal.
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The move comes as the state has, in recent days, quietly revised its policy for such markers in the wake of Republican pushback over the subject of the sign.
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Records show the State Division of Historical Resources wrote to the Concord City Council in September 2022 asking them to approve the marker. They did so after receiving a petition from a group of community activists.