Nashua Couple Wins Free Speech Case Over City Flagpole

Stephen and Bethany Scaer successfully sued the city for rejecting their request to fly a flag honoring Revolutionary War soldiers.

Published on Feb. 23, 2026

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A New Hampshire couple, Stephen and Bethany Scaer, have won a free speech case against the city of Nashua after the city rejected their request to fly a flag honoring Revolutionary War soldiers on the Citizen Flagpole at City Hall Plaza. The U.S. Court of Appeals of the First Circuit unanimously ruled in the Scaers' favor, agreeing that the city had violated their First Amendment rights.

Why it matters

This case highlights the ongoing debate over the limits of free speech, especially when it comes to government-controlled public spaces. The Scaers' victory sets an important precedent that governments cannot arbitrarily restrict the content of speech on public flagpoles or similar forums, even if the speech expresses views that some may find controversial.

The details

The Scaers had regularly attended Nashua Board of Aldermen meetings and expressed conservative viewpoints that some city officials and residents found annoying. Most recently, they requested permission to fly the 'Appeal to Heaven' flag to honor Nashua soldiers who fought in the Battle of Bunker Hill, but the city rejected their application, stating the flag was not 'in harmony with the message that the City wishes to express and endorse.' The Scaers sued the city, arguing their right to free speech was violated, and the U.S. Court of Appeals of the First Circuit agreed with them.

  • In January 2026, the FCC issued new guidance warning late-night and daytime hosts that political candidates must be given equal time.
  • In December 2025, the U.S. Court of Appeals of the First Circuit unanimously ruled in favor of the Scaers, agreeing that the city of Nashua had violated their First Amendment rights.

The players

Stephen and Bethany Scaer

A New Hampshire couple who regularly attended Nashua Board of Aldermen meetings and expressed conservative viewpoints that some city officials and residents found annoying.

Nashua, New Hampshire

The city that rejected the Scaers' request to fly a flag honoring Revolutionary War soldiers on the Citizen Flagpole at City Hall Plaza, leading to a free speech lawsuit that the Scaers won.

U.S. Court of Appeals of the First Circuit

The federal appeals court that unanimously ruled in favor of the Scaers, agreeing that the city of Nashua had violated their First Amendment rights.

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What they’re saying

“This administration's been really, really good at using this soft regulatory pressure to get major media players and major news organizations to fall into line … and it's a real, real danger to freedom of expression in the country.”

— Amy Kristin Sanders, media law professor at Penn State University (sentinelandenterprise.com)

What’s next

The Scaers' victory sets an important precedent that governments cannot arbitrarily restrict the content of speech on public flagpoles or similar forums, even if the speech expresses views that some may find controversial.

The takeaway

This case highlights the ongoing debate over the limits of free speech, especially when it comes to government-controlled public spaces. The Scaers' victory is a win for the First Amendment and a reminder that governments must respect the right to free expression, even for those with unpopular or controversial views.