STEPHEN SCAER; BETHANY R. SCAER v. CITY OF NASHUA, NEW HAMPSHIRE JAMES W. DONCHESS, Mayor, City of Nashua, New Hampshire; JENNIFER L. DESHAIES, Risk Manager, City of Nashua, New...
The First Circuit held that the City of Nashua's Citizen Flag Pole program was a forum for private speech, not government speech, making the city's refusal to allow certain flags impermissible viewpoint discrimination. The court reversed the district court's denial of relief and remanded with instructions to enter an interim declaratory judgment.