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If Gov. Chris Sununu wants to do something about the Historical Highway Marker honoring notorious Communist Elizabeth Gurley Flynn, he is free to do it himself, according to the Concord City Council.

Concord Mayor James Bouley said Monday night he was confused by the letter he got last week from Sarah Stewart, commissioner for the New Hampshire Department of Natural and Cultural Resources, asking the city to request that the state remove the Flynn marker.

“We did not approve any marker, we don’t have that authority; we don’t approve the marker’s text, we don’t have that authority; and lastly, we can’t remove something that is not our responsibility from your property,” Bouley said.

The Flynn marker angered Republican members of the state’s Executive Council, prompting Sununu to blame Concord leadership and demand that it be removed. 

“Why Concord would want to put this in the first place, God knows,” Sununu said Friday on WGIR radio. “Just tell us to take it down, and we’ll take it down. I’d love to take it down.”

The problem for Sununu — or perhaps the solution — is that the marker is the state’s responsibility from beginning to end, according to Concord City Attorney James Kennedy. He said the marker was placed in the city by the Department of Natural and Cultural Resources and sits on state land. The marker features text about Flynn’s life and Communist affiliation that was approved by the state and additionally includes a seal of the State of New Hampshire. The fact that now Sununu and Stewart are asking the city to request its removal makes little sense, Kennedy said.

“That’s a curious concept to me,” Kennedy said.

According to Kennedy, if the state wants to remove the marker, it is free to follow the state law governing that process. 

Executive Councilor Janet Stevens (R-Rye) also places the responsibility at the feet of state government.

“The disgraceful placement of a historic highway marker in Concord, honoring Communist Elizabeth Gurley Flynn, a devout Stalinist and prominent organizer in the Communist Party, has elevated the need for an overhaul of the process for awarding historic markers in our state,” Stevens said in an editorial for NHJournal.

“There was a clear lack of common sense in allowing this new marker to be approved,” Steven added.

The state did seek Concord’s approval to install the sign, which went up on May 1. But Bouley and the councilors said that was a courtesy and had more to do with checking traffic visibility and general construction safety. That has not stopped Sununu from hammering Concord over the state marker.

“I don’t think it should ever have been put up; I don’t think Concord should have been advocating for it,” Sununu said.

According to available public records, the City of Concord never advocated for the Flynn marker. Liberal activists Arnie Alpert and Mary Lee Sargent petitioned the Department of Natural and Cultural Resources for the Flynn maker based on her historical significance. Flynn was an early labor activist, a civil rights pioneer, and a supporter of women’s access to birth control as well as the head of the Communist Party in America. 

Flynn was kicked out of the ACLU, which she helped found, because of her membership in the Community Party. She joined in 1936, three years after the USSR murdered close to 9 million people in a genocidal famine known as the Holodomor, and was about to start killing millions more. When she died in 1964, Flynn received a state funeral in Moscow’s Red Square with 25,000 people attending.

While Sununu has blamed Concord for the whole mess, and Stewart has claimed her department had no input in the text, records obtained Monday by NHJournal show otherwise. Department of Natural and Cultural Resources employee Amy Dixon worked on researching and editing the proposed text for the Flynn marker, even adding that Flynn was a supporter of women’s suffrage. Dixon then presented the marker proposal to Concord officials and explained all expenses would be the state’s responsibility. 

Kennedy said that under U.S. Supreme Court rulings protecting the First Amendment, cities are unable to regulate the content of signs put up in their jurisdictions. 

City Councilor Amanda Grady Sexton said if the state is upset about the sign, it can take it down anytime. “If the state wants to remove the sign, they can do so.”

City Councilor Zandra Rice Hawkins suggested Concord may still put up its own marker to commemorate Flynn, in which case the state would be actually powerless as opposed to engaging in the current game of blame-shifting.

“I’d be disappointed if the state removed the marker and tried to whitewash history,” Hawkins said.

New Hampshire Public Radio is gaining allies in the lawsuit brought by Granite Recovery’s Eric Spofford. The New Hampshire American Civil Liberties Union is leading a coalition of news outlets signing amicus briefs in favor of the public broadcaster.

But the show of support for the left-leaning media outlet comes as major evidence used to report the story is in doubt, according to court records filed in the case.

Spofford is suing the broadcaster claiming he was defamed by a series of stories alleging he sexually harassed women at the addiction recovery centers he founded. In one of the more damning portions of the story, one of the alleged victims said Spofford sent her lewd text messages and a photo of his penis.

But Spofford claimed in a recent court filing that NHPR reporter Lauren Chooljian never saw the alleged photo before she reported that it had been sent to the victim.

“Chooljian did not see the picture on which Elizabeth’s claim is based (because it never existed,)” the filing states.

The New Hampshire ACLU, along with the New England First Amendment Coalition, the Union Leader, the Keene Sentinel, Caledonian Record, and the Laconia Daily Sun filed a brief in the Rockingham Superior Court last month to intervene on behalf of NHPR. The outlets and civil rights groups joining the case have received little media attention, and even the typically PR-savvy ACLU has yet to announce its involvement through a press release on its website.

The timing of the ACLU’s amicus filing came as Spofford’s legal team called into doubt the foundation of NHPR’s reporting. Spofford’s attorney, Michael Strauss, wrote in a court motion that one key witness used by Chooljian was Spofford’s aggrieved ex, Amy Anagnost.

“Eric has uncovered that Amy both supplied her own false claims about him to (NHPR reporter Lauren) Chooljian and served as a source clearinghouse for Chooljian as she investigated and wrote the Article and Podcast. The NHPR defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote.

According to Strauss’ motion, Anagnost engaged in an effort to defame Spofford in order to gain the upper hand in family court hearings dealing with the shared custody of their son.

“A recent court filing by Amy’s soon-to-be ex-husband, Alex Anagnost, confirms that Amy ‘fed questionable information about her relationship with Eric to’ Chooljian for inclusion in the article and podcast, which Amy then used against Eric to alienate him from their son and as a weapon in their parenting dispute,” Strauss writes.

NHPR denied Anagnost was one of the sources for its reporting.

Spofford built a politically connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Gov. Chris Sununu on the response to New Hampshire’s opioid epidemic.

Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company, last year. The sale price has not been disclosed.

A Superior Court judge has ordered mediation in the lawsuit brought after Exeter High School officials punished a Catholic student for saying there are two genders.

However, Ian Huyett, the attorney for the student and his family, says a settlement is unlikely given Exeter’s current stance, expressed in a recent letter to the school community.

“Given the contents of the letter that (Superintendent) David Ryan sent out on Wednesday, I don’t anticipate that they’ll have any interest in doing that,” Huyett said. 

Ryan sent the letter last week, doubling down on the district’s stated embrace of diversity after Judge David Ruoff issued the scheduling order, which stipulates the two sides attempt to settle the case through an Alternative Dispute Resolution.

“Despite our best intentions to create a safe and welcoming environment for all in our community, we have members in our community who continue to experience feelings of hate and disrespect,” Ryan wrote. “We are a community of acceptance. This means we welcome you with all of your uniqueness, no matter your race, religion/spiritual beliefs, sex, age, national origin, sexual orientation, gender identity, ability/disability, or family structure.”

The student, known in the lawsuit as M.P., claims he was disciplined for expressing his views, informed by his Catholic faith, that there are only two genders. M.P. claims he expressed these views outside of school and off the football field.

Exeter High School and SAU 16 officials struck back saying M.P. was disciplined for being a bully, not for expressing his religious views. The district’s attorney, Michel Eaton claims M.P. is not the victim of religious discrimination. Instead, he was benched for one game by his coach for violating the team’s code of conduct. The benching had nothing to do with the school’s transgender discrimination policies, according to Eaton.

“M.P.’s coach did not decide to bench M.P. based upon M.P.’s opinion that there are only two genders, nor would he. Rather, M.P. was benched for using crude, inappropriate, and disrespectful language while communicating with Student Doe. This behavior was consistent with M.P.’s documented history of bullying and inappropriate behavior, including such behavior on the school bus and such behavior targeted at Student Doe specifically,” Eaton wrote in the district’s response to the lawsuit.

Student Doe, who is not transgendered, is the student with whom M.P. had a reportedly heated conversation about gender and sexuality while on the school bus. This conversation later continued via text messaging, according to court records. Student Doe, in turn, reported the conversation to M.P.’s coach, Eaton wrote.

“M.P.’s coach took what he believed to be an appropriate and limited remedial measure to teach and ensure the respect that is expected of all student athletes,” Eaton wrote.

Huyett claims in the lawsuit that M.P. was punished for expressing his opinion, not for violating any rule.

“M. P. did not harass or demean any student, but simply expressed his views on a contentious cultural issue,” Huyett said in a statement.

Huyett is an attorney with Cornerstone, a conservative Christian organization. While Cornerstone is defending M.P.’s First Amendment rights in this case, the state’s ACLU has been silent. Instead, New Hampshire’s ACLU is part of a federal lawsuit, along with Exeter’s Andres Mejia, against the state over the so-called “banned concepts” law. Mejia is the director of Diversity, Equity, Inclusion, and Justice for the Exeter Region Cooperative School District, and a board member of the Black Lives Matter Seacoast organization.

The anti-discrimination law challenged by the ACLU and Mejia, signed by Gov. Chris Sununu as part of the state budget, prohibits students from being taught that “a person, because of their membership in one or more identified group(s), is inherently either: (1) racist, sexist, or oppressive, consciously or unconsciously or (2) superior or inferior to people of another identified group.”

Exeter High School and SAU 16 struck back against a Catholic student suing over his free speech rights, saying he was disciplined for being a bully and not for expressing his religious views. However, they acknowledge in their court filing that the “bullying” in question was expressing his opinion on gender.

The student, known in the lawsuit as M.P., claims he was disciplined for expressing his opinion, informed by his Catholic faith, that there are only two genders. M.P. expressed these views off the school campus and was then suspended from the football team for one game, according to his lawsuit.

The district’s attorney, Michel Eaton, wrote in a response to the lawsuit filed late last week, there is no free speech case here. Eaton also claims M.P. was not suspended by the school, but benched for one game by his coach. The benching had nothing to do with the school’s anti-discrimination policies regarding transgender issues.

“M.P.’s coach did not decide to bench M.P. based upon M.P.’s opinion that there are only two genders, nor would he. Rather, M.P. was benched for using crude, inappropriate, and disrespectful language while communicating with Student Doe. This behavior was consistent with M.P.’s documented history of bullying and inappropriate behavior, including such behavior on the school bus and such behavior targeted at Student Doe specifically,” Eaton wrote.

Student Doe, who is not transgender or non-binary, is the student with whom M.P. had a reportedly heated conversation regarding gender and sexuality while on the school bus. The conversation later continued via text messaging, according to court records. Student Doe, in turn, reported the conversation — which took place outside the classroom and off the football field — to M.P.’s coach, Eaton wrote.

“M.P. ‘s coach took what he believed to be an appropriate and limited remedial measure to teach and ensure the respect that is expected of all student athletes,” Eaton wrote.

According to Eaton’s filing, Student Doe and M.P. have a long-standing antagonistic relationship. Eaton submitted as evidence the football team code of conduct, which M.P. signed, and copies of the text conversation between M.P. and Student Doe. However, both items were sealed by the court and not available to the public. 

Whether or not M.P. engaged in bullying, the district acknowledges in Eaton’s filing that M.P. was disciplined for expressing his views, however crudely, while off-campus. It’s similar to the free-speech case in which a Pennsylvania high school student was disciplined after she posted a profanity-laced message to Snapchat that she recorded at a convenience store.

The U. S. Supreme Court last year ruled 8 to 1 in favor of Brandi Levy, the former cheerleader at Mahanoy Area High School. The high court found the school violated Levy’s First Amendment rights when it reprimanded and suspended her from the junior varsity team because of her off-campus comments about the cheer team.

While the American Civil Liberties Union (ACLU) sided with Levy in her case, the New Hampshire ACLU has been silent in the case of M.P. In the past, protecting an individual’s personal speech against government action would have been a classic ACLU  case. But the organization has become openly partisan, as The New York Times reported in a story headlined “Once a Bastion of Free Speech, the A.C.L.U. Faces an Identity Crisis.”

Instead of suing on behalf of an individual’s rights,  New Hampshire’s ACLU is part of a federal lawsuit opposing New Hampshire’s new anti-discrimination law. They want to overturn the law preventing teachers and government employees from teaching that “a person, because of their membership in one or more identified group(s), is inherently either: (1) racist, sexist, or oppressive, consciously or unconsciously or (2) superior or inferior to people of another identified group.”

The ACLU-NH is joined in the lawsuit by Andres Mejia,  director of Diversity, Equity, Inclusion, and Justice for the Exeter Region Cooperative School District, and a board member of the Black Lives Matter Seacoast organization. Some Exeter parents have questioned whether a member of a group that claims all white people, regardless of their behavior, participate in white supremacy can treat students fairly. 

Writing about the Exeter case in the Portsmouth Herald, former political consultant Alicia Preston Xanthopoulos defended the Catholic student’s right to express opinions others — including the school district — don’t like.

“No one has the right not to be offended. I do actually have the right to say something that might offend you,” Xanthopoulos wrote. “That’s precisely why there is the First Amendment. It’s not there to protect popular speech, it is there to protect you from being punished by the government for speech that is not popular.

“Which, horrifyingly, is precisely what occurred here.”

New Hampshire’s biggest teacher’s union, the National Education Association-NH, and the state chapter of the ACLU have joined forces to combat New Hampshire’s new anti-discrimination law.

Unlike a previously filed lawsuit that used the phrase “divisive concepts” 103 times (a phrase that does not appear anywhere in the law), the lawsuit has updated its language, referring to the law as the “banned concepts” law.

The phrase “banned concepts” does not appear anywhere in the new law, either.

On Monday, the groups announced a new federal lawsuit filed in the United States District Court in Concord against the state’s new anti-discrimination law.

“This unconstitutionally vague law disallows students from receiving the inclusive, complete education they deserve, and from having important conversations on race, gender, disability, sexual orientation, and gender identity in the classroom,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire.

Meg Tuttle, the president of New Hampshire’s NEA branch, claimed the law prevents teachers from teaching full facts around controversial subjects.

“Parents and educators agree students should learn complete facts about historical events like slavery and civil rights. They agree that politicians shouldn’t be censoring classroom discussions between students and their teachers and that educators shouldn’t have their licenses and livelihoods put at risk by a vague law,” Tuttle said.

The problem for Bissonnette and Tuttle is the law passed this year does nothing to ban any concept from being taught but instead bans students from being discriminated against. Indeed, the law explicitly states it does not prohibit, “as a larger court of academic instruction,” teaching about this history of racism, sexism, etc. 

“I don’t think there’s any statement of facts (in the lawsuit) they can make other than people’s feelings,” said state Rep. Keith Ammon, R-New Boston, one of the legislators behind the bill. “The left created this false image of what the law actually states.”

According to the legal guidance issued to schools by the New Hampshire Attorney General’s Office and the New Hampshire Department of Education, the law does nothing to stop any facet of American history from being taught in the classroom.

“Nothing prohibits the teaching of historical subjects including, but not limited to: slavery, treatment of the Native American population, Jim Crow laws, segregation, treatment of women, treatment of LGBTQ+ people, treatment of people with disabilities, treatment of people based on their religion, or the Civil Rights movement. Nor does anything prohibit discussions related to current events including, but not limited to: the Black Lives Matter movement, efforts to promote equality and inclusion, or other contemporary events that impact certain identified groups,” the legal advice from the Attorney General states. 

Instead, the law prohibits students being taught that “a person, because of their membership in one or more identified group(s), is inherently either: (1) racist, sexist, or oppressive, consciously or unconsciously or (2) superior or inferior to people of another identified group.”

Ammon said the lawsuit, like the error-filled lawsuit filed last week by New Hampshire’s American Federation of Teachers, is simply a fundraising stunt by the unions and the ACLU.

“They are using it to fundraise off their woke base,” Ammon said. “This how far the ACLU has fallen, they are challenging an anti-discrimination law in federal court.”

The lawsuit lists Andres Mejia as one of the plaintiffs. Mejia is director of Diversity, Equity, Inclusion, and Justice for the Exeter Region Cooperative School District, the school district where a Catholic student was punished for expressing tenets of his faith to another student outside the school’s purview.

“This law chills the very type of diversity, equity, and inclusion work that is absolutely necessary to ensure that each student is seen, heard, and connected, especially as New Hampshire becomes more diverse,” Mejia said in a statement.

The Catholic student and his family are suing the Exeter district, though without any help from New Hampshire’s ACLU. Bissonnette did not respond to a question on Monday as to why the American Civil Liberties Union would not defend a student punished for expressing his faith. 

Mejia is also a board member of Black Lives Matter Seacoast, a group that demands the removal of police officers from schools. 

Ammon says he does not think the lawsuit will succeed but does think New Hampshire taxpayers will still lose.

“We have to pay to defend the state in court against their lame allegations,” Ammon said.