Regular readers are familiar with the various flag-flaps, most of them with Nashua. ‘Grok contributor Hal Shurtleff took a flagpole case to the U.S. Supreme Court and won 9-0 (audio interview on this with Hal, here). Beth and Stephen Scaer, also both ‘Grok contributors, had plenty of flag flaps in Nashua, one of which went to the First Circuit Court of Appeals, where they won.
Liberal mayor of a blue city refuses to fly a flag on a pole because he doesn’t like it. Viewpoint discrimination, and just like Boston, they had to get rid of their propaganda pole because they never wanted it to be for citizens; it was to use Government Real Estate to advocate approved messaging.
Nashua didn’t learn from Boston, and a judge has ordered Nashua to cough up $136,071.35 in attorneys’ fees and costs.
U.S. District Judge Landya McCafferty yesterday ordered the City of Nashua to pay that sum to plaintiffs Bethany and Stephen Scaer. The Institute for Free Speech represented the Scaers in their First Amendment challenge to the city’s “Citizen Flag Pole” policy—a challenge that ended in a judgment permanently barring Nashua from resuming the practices at the heart of the lawsuit. This week’s order resolves the last open question before the district court in Scaer, et al. v. City of Nashua, et al.
The case stemmed from Nashua’s repeated denials of the Scaers’ flag requests, including a request to fly the historic Pine Tree Flag commemorating the Battle of Bunker Hill. In one instance, the city approved Bethany Scaer’s “Save Women’s Sports” flag, then revoked that approval one day later after receiving complaints.
In December 2025, the U.S. Court of Appeals for the First Circuit unanimously held that Nashua had engaged in viewpoint discrimination, rejecting the city’s attempt to label its censorship “government speech.” The judgment followed in May, requiring Nashua to keep the City Hall flagpoles closed to private expression and awarding each plaintiff $17.91 in nominal damages, a nod to the year the states ratified the First Amendment.
We warned them the same way we warned Marcy Kelley and the Bow School District. But they both have people who think the law and the Constitution exist to serve their ideals, interests, and narratives. How dare you challenge our viewpoint discrimination.
Well, we do, and we encourage it, and we’re proud to have a growing list of contributors who have won free speech and Right to Know court cases or received Free Speech awards like Donna Green and Laurie Ortolano.
You’d think they’d learn the lesson, but they keep thinking they know better or that their lawfare tactics will protect them. They’ve got lawyers and all kinds of taxpayer money to spend, and you’re just you. But thanks to organizations like the Institute for Free Speech, regular citizens can push back against the unconstitutional acts of local and state governments.
Nashua doesn’t care if it loses or how much losing costs. It’s not their money.
Taxpayers might want to consider that the next time they head to the ballot box, because after this week, they are about to learn the hard way just how much they want to spend your money.
