The New England First Amendment Coalition recently asked the City of Nashua Board of Aldermen to reconsider a proposed restriction on speech that conflicts with state and federal constitutional protections.
Proposed ordinance O-25-060 states that the “use of banners, flags, signs, or other items which may create a safety concern, obstruct the view of other members of the public, or restrict public access within the Aldermanic Chambers is prohibited.”
An analysis of the ordinance by the city provides that the “Board of Aldermen may waive their own rules at any time.”
In an Aug. 1 letter to the Board of Aldermen, NEFAC President Gregory V. Sullivan and Executive Director Justin Silverman explained that:
While there may be circumstances that would allow reasonable restrictions on these types of expression, a general prohibition based on a ‘security concern’ without any additional guidance as to what would constitute such a concern is ripe for impermissible viewpoint discrimination. The current language of O-25-060 does not include such guidance. It also allows for these forms of expression to be prohibited without any explanation provided by the Board.
Worse, the analysis accompanying the ordinance provides that the rule on banners, flags and signs can be waived at any time which encourages view-point discrimination and favoritism — both prohibited by the New Hampshire state constitution and the First Amendment of the U.S. Constitution.
The ordinance is currently referred to the Board of Aldermen’s Personnel/Administrative Affairs Committee and is scheduled to be discussed at tonight’s committee meeting.
NEFAC and the ACLU of New Hampshire successfully fought a separate restriction on speech in Nashua in 2023. The coalition is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about NEFAC’s advocacy here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists and WCVB-Boston.