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Nashua City Attorney: Israeli Flag Too Controversial to Fly at City Hall

The Israeli flag, the white and blue banner with the Star of David, is the official symbol of the state of Israel, one of America’s closest allies. And yet the City of Nashua told a federal judge Israel’s flag is too controversial to fly at City Hall Plaza.

The Pride flag, on the other hand, is more than welcome on Nashua city property, despite being an entirely political symbol of the LGBT movement.

Nashua’s Assistant Corporation Counsel Jonathan Barnes said flying Israel’s flag would spark a flood of angry phone calls and threats, while “reasonable citizens” wouldn’t be bothered by the Pride flag.

Those revelations came last month in federal court as part of the city’s legal defense against a lawsuit filed by resident Beth Scaer. The city rejected her requests to fly the Pine Tree Riot flag and a banner promoting girls-only sports on Nashua’s public flagpole. Scaer claims she’s the victim of viewpoint discrimination by the Democrat-controlled city. She is represented by the Institute for Free Speech and local counsel Roy McCandless.

In the wake of the lawsuit, Nashua Mayor Jim Donchess quietly ended the city’s community flag pole tradition.

During the Nov. 5 hearing before Judge Talesha Saint-Marc, Nashua’s Assistant Corporation Counsel Jonathan Barnes compared the Pine Tree Riot flag to a Nazi flag and a flag for the Soviet Union.

Barnes also brought up the city’s decision to reject a request by Nashua resident Nick Scalera to fly the Palestinian flag on a day set to remember the anti-apartheid movement in South Africa. He says that proves the city was not discriminating based on a particular viewpoint.

And, Barnes added, “If someone applied to fly the Israel flag, I would say you would probably reject that, too, because it’s just — you don’t want to wade into those waters. You want to be able to conduct your city business without getting inundated with angry phones, e-mails, and people threatening you on Twitter, or X, whatever it’s called now.”

Saint-Marc noted that “at one point the city accepted the Pride flag. That’s still a controversial position.”

Barnes responded by invoking American Freedom Defense Initiative v. King County (2016) In that case, ads featuring the images of Islamist terrorists were rejected by the transit system, which argued they weren’t suitable. AFDI sued, lost in the lower courts and the U.S. Supreme Court declined to take up the case. The district court ruled the space was a “limited public forum” and that the system’s restrictions were “reasonable and viewpoint neutral.” 

“In American Freedom Defense Initiative the ban on less controversial advertising was upheld. It wasn’t all controversial advertising,” Barnes argued.

“So, in the grand scheme of things, you know, there are Pride flags flown all over the country. The White House lights up with the colors in June. There are parades all over the country. There might be some people that are upset by that, but there are some people that are upset by the American flag. They would sooner (fly) the Soviet flag fly. Most reasonable citizens don’t find that subject matter to be controversial,” Barnes said.

“The Pride flag?” the judge asked.

“Correct,” Barnes replied.

“I think some reasonable citizens may disagree,” Saint-Marc said, to which Barnes replied, “Some might, but it’s less controversial than, say, a swastika.”

The city’s argument that the official flag of the nation of Israel is too controversial to fly, and suggesting that “reasonable citizens” would object, raised eyebrows.

“The City of Nashua’s terrifying argument demonstrates why free speech is so important,” said Institute for Free Speech attorney Nathan Ristuccia. “We cannot trust the government to decide whose views are too controversial to be permitted.”

Steve Bolton, Nashua’s long-time lead corporation counsel, tried to clean up the city’s position. He told NHJournal Barnes’ comments about Israel were part of a speculative argument that does not reflect the views of Mayor Jim Donchess or the Board of Aldermen.

“It was hypothetical, but that’s certainly not the position of the City of Nashua,” Bolton said.

Barnes was not in the office Wednesday and did not respond to requests for comment.

Israel is a United States ally and the only democracy in the Middle East. It’s also fighting a war against antisemitic terrorist organizations backed by Iran following the brutal Oct. 7, 2023, Hamas attack in which 1,300 people were murdered. 

For his part, Scalera does not understand how Nashua is deciding which flag to fly. He said he was told the city would not fly the Palestinian flag due to the ongoing war.

“The City of Nashua has not shied away from flying the flags of foreign nations, especially foreign nations involved in active conflict. For example, in the wake of Russia’s illegal and brutal invasion of Ukraine, the City proudly raised the Ukrainian flag in solidarity with the people of Ukraine, as well as the Ukrainian population here in Nashua,” Scalera told NHJournal.

Scalera was also told by members of the Board of Alderman that Nashua would not allow a flag from a territory, like Palestine, that is not officially recognized as a nation.

“However, Nashua has also raised the flag of Kurdistan, which is at this point in time an autonomous region, and hopefully one day a nation-state, but nevertheless was not one at the time of the flag raising,” Scalera said.

Documents filed in the case show the city recently approved a day celebrating the Dominican Republic, which is currently accused of ethnic cleansing for its handling of Haitian refugees. The city also flew a Pride flag last year on orders from Donchess. However, a request for a pro-life flag to celebrate the overturning of the Roe vs. Wade decision was rejected.  

“Censorship,” said state Sen. Kevin Avard (R-Nashua) when asked about the case.

“It all boils down to whom the mayor and alderman of Nashua are comfortable offending and who they would rather not. The Pine Tree ‘Appeal to Heaven’ folks, or the Rainbow Flag-LBTQ community. It doesn’t sound like they want to hear from people of faith.”

And Rep. Judy Aron (R-Acworth), a Jewish member of the New Hampshire House and an outspoken defender of Israel, called the city’s actions “sad.”

“If the leaders of the City of Nashua can’t handle free speech, then perhaps the decision to end the traditional program is sad and disappointing but probably a good decision.”

Aron offered her own solution. “They should just fly a white flag of surrender.”

Volinsky’s Anti-Israel Org Wants NH Dems To Write In ‘Ceasefire’ on FITN Ballots

President Joe Biden has competition for his ‘meaningless’ write-in campaign.

Former Executive Councilor Andru Volinsky is asking his fellow Granite State Democrats to skip writing Biden’s name on their ballots and instead take part in his anti-Israel write-in campaign called “Ceasefire.”

Announced Wednesday with a Zoom press conference, Ceasefire is Volinsky’s campaign pushing New Hampshire voters to write in the word “Ceasefire” on their ballots in Tuesday’s Democratic presidential primary. The plan, which may cause headaches for town clerks and election moderators across the state, is meant to protest Biden’s support for Israel in the war with Hamas.

“Vote Ceasefire aims to get N.H. voters to voice their anger and pain at the polls. Politicians listen to votes, and the people want a ceasefire,” the group said in a statement.

 

 

Leading Granite State Democrats like former state party chair Kathy Sullivan, U.S. Sen. Jeanne Shaheen, and U.S. Rep. Annie Kuster are supporting a write-in effort on behalf of Biden. The effort, funded largely with out-of-state money, is necessary because Biden tried to kill the Granite State’s long-standing First in the Nation presidential primary and refused to allow his name to appear on the ballot.

Biden said moving New Hampshire from its place at the front of the line is necessary in the name of diversity, and prominent progressives have long argued New Hampshire Democrats are “too White” to be entrusted with this important primary.

Critics of the state Democrats’ write-in effort say it’s a mistake to reward Biden for his insult to his party’s primary voters by helping him win an election he tried to cancel.

Volinsky and fellow progressive peace activists Bill Maddocks and Morgan Brown focused their criticism on Biden and his Israel policy.

“I think about this in terms of ending the regional conflict and stopping the annihilation of the people of Gaza,” Volinsky said.

Brown, a self-described community activist, was more blunt: “The United States has been funding genocide in Gaza.”

Brown also claimed without evidence that Israel has killed hundreds of thousands of civilians in Gaza, a figure that far outpaces even the numbers reported by the Hamas-run Gaza Health Ministry.

For Brown, writing in Ceasefire is not an empty gesture but a way to pressure Biden to stop standing with Israel.

“I want Democratic leaders to see the American people are taking a stand against the bombing of civilians,” Brown said. “The bombs being used in their genocide are coming from the Democratic Party.”

Notable by its absence: Any mention of the Oct. 7 Hamas terror attack by Volinsky or the other press conference speakers. Hamas terrorists killed more than 1,200 people, including women, the elderly, and children. They also took some 240 hostages. As of Jan. 13, Hamas was holding 132 hostages in its network of tunnels beneath Gaza. Six of them are U.S. citizens.

Maddocks, a peace activist and UNH professor, said the write-in campaign is a last resort after elected officials ignored calls to abandon Israel.

“Our words, our letters, our texts, our calls are not being heard,” Maddocks said.

NHJournal participated in the Zoom press conference, though its question asking why no one in the Ceasefire conference publicly condemned the Oct. 7 atrocities was ignored by the organizers. Reached later in the day via Facebook, Volinsky again declined to answer, instead responding with a heart emoji.

Volinsky claims he came up with the idea for the campaign after getting positive feedback on a letter to the editor he sent to the Concord Monitor. Volinsky sought the Democratic Party’s nomination for governor in 2020, losing the primary to then-state Sen. Dan Feltes (D-Concord).

“Vote Ceasefire New Hampshire is an informal group of concerned citizens encouraging New Hampshire Voters to register to vote and write-in ‘ceasefire’ on the Presidential Primary ballot on Tuesday, Jan. 23,” the group’s disclaimer reads. “The movement aims to get the attention of President Joseph R. Biden and other political leaders and demand they redirect their care for their campaign efforts towards an immediate ceasefire.”

Meanwhile, Shaheen is one of a dozen or so Senate Democrats pushing an amendment to make it harder for the Biden administration to send military aid to Israel. It would prevent the White House from skipping congressional review of arms transfers to Israel.

“The administration has utilized waivers allowing it to bypass congressional review for recent arms sales to Israel, prompting outrage from progressives,” Jewish Insider reports.

DeSantis All-in for First-In-The-Nation Primary

Florida Gov. Ron DeSantis is running hard into the New Hampshire GOP presidential primary, saying he will compete in the First-in-the-Nation state while also running an all-out campaign in Iowa.

“We’re all-in on all the early states,” DeSantis said Thursday.

And, the Florida governor demonstrated he is also all-in when it comes to taking on Trump directly, hammering the former president over his praise for Hezbollah in the wake of attacks on Israel.

 DeSantis took shots at Trump’s criticism of Israeli Prime Minister Benjamin Netanyahu — and praise for the terrorist group Hezbollah —  in the wake of the Hamas terrorist attack. 

“Now is not the time to do what Donald Trump did by attacking Prime Minister Bibi Netanyahu, attacking Israel’s defense minister, saying that somehow Hezbollah were very smart. Now’s not the time to air personal grievances about an Israeli prime minister; now’s the time to support their right to defend themselves to the hilt,” DeSantis told reporters Thursday.

And, DeSantis added, in a time of international crisis, he is ready to lead — unlike President Joe Biden. “You’ve got to take that 2 a.m. phone call; you can’t be sleeping like this president did,” he said.

Biden’s administration is mistaken in thinking it can deal with Iran, which has been using Hamas and Hezbollah as proxies to wage war on Israel, DeSantis said. America needs to support Israel’s efforts to eliminate Hamas, starting by cutting funds for Iran.

“(Israel) needs to uproot and eliminate the entire Hamas network and Hamas members,” he said.

Hundreds of supporters and dozens of media members packed into Secretary of State David Scanlan’s office to watch DeSantis file his nomination papers and gladhand with State House staff afterward. 

DeSantis sat with New Hampshire reporters to make his case for the nomination after filing. In a crowded Republican field, DeSantis said he is the only candidate ready to be president on day one.

“If you want a change from Trump, I think I’m the best leader, and I give you the best chance to do well,” he said. “I’ve delivered  more for Republicans, conservative ideas, America First principles than anybody running.”

Trump is facing multiple criminal indictments and, because of that, is unable to focus on the job, DeSantis said. Trump would also be a lame-duck president, only able to serve one term if he were to get reelected.

“I don’t know how, as a lame duck president, with all the stuff he’s dealing with, he can get done what we need to get done.

“A Trump nomination guarantees the next election will be all about Trump, his court cases, his grievances, and his controversies. This sets up Democrats for an easy campaign,” DeSantis said.

“It wouldn’t be about the issues people are concerned about, and it would give the Democrats a huge advantage,” DeSantis added.

While he consistently comes up short of Trump in polling data, usually in second or third place, DeSantis said he is confident he will pick up support closer to the primary. Polls don’t capture the whole picture of the race, he said.

“If you look at the favorability ratings I’ve had, I’m one of the most well-liked Republicans in the country,” DeSantis said.

DeSantis was an early favorite for many Republicans who want to turn the page on Trump, and as a result, he has taken heat from Democrats, Republicans, and the media. 

“I’ve been attacked more than all the other candidates,” DeSantis said.

Minds will start to change once voters can see him up close and learn about his record as governor, he said. He said how he dealt with the COVID crisis, hurricanes, Black Lives Matter protests, and other events showed he is ready and able to lead.

“We showed our mettle when it was called for,” he said. 

In NH, Dozens Gather To Defend Hamas While Hundreds Rally for Israel

Joy Douglas and two dozen fellow members of New Hampshire’s Party of Socialism and Liberation (PSL) took to the streets of Manchester Wednesday night, chanting in support of Palestine and the “resistance” to Israel.

They were far outnumbered by the 300 or so people who gathered at the State House in Concord to rally on behalf of Israel in the wake of the worst terrorist attack on the Jewish state in its history.

 

 

At least 1,200 people were killed by Hamas terrorists, including entire families. There are confirmed reports of infants being beheaded and Israelis being burned to death. At least 22 Americans were murdered as well. Over 150 people have been taken hostage by Hamas, and the terrorists have threatened to execute the hostages and livestream the video.

“We are heartbroken over the terrorist attacks at the hands of Hamas against innocent Israelis – including beloved children, brothers, sisters, and parents,” Gov. Chris Sununu said in a letter of support. “New Hampshire stands shoulder to shoulder with the people of Israel today, and every day, and antisemitism will never be tolerated here.”

Rep. Chris Pappas (D-N.H.), who has long supported the Biden administration’s outreach to Iran and voted against pro-Israel resolutions in the past, announced Wednesday he was calling for the White House to reverse course on the $6 billion in assets released by the U.S.

“We must use every tool available to degrade Hamas’ ability to wage war against Israel. The Biden administration must re-freeze the $6 billion in assets currently held by Qatar and ensure that none can be used to aid and abet these heinous acts of terror.”

Even far-left progressives like Rep. Alexandria Ocasio-Cortez (D-N.Y.) have decried anti-Israel protests, breaking with her fellow members of “The Squad” like Reps. Rashida Tlaib (D-Mich.) and Ilhan Omar (D-Minn.)

It might be a change of heart. Or it might be Democrats addressing the new political realities after Saturday’s attack.

A poll released Wednesday found nearly 7 in 10 voters sided with the Israelis (68 percent), while just 18 percent sided with the Palestinians. That included a majority (59 percent) of Democrats, a significant shift over polling in March that found more Democrats backed the Palestinians than Israel.

Opponents like Douglas and the PSL are undaunted.

“We stand with the struggle of the oppressed against the oppressors,” Douglas said. “The U.N. states clearly that those facing oppression, those who are facing apartheid and genocide, have every right to fight back.”

At the same time, Douglas insisted reports of mass Israeli civilian deaths at the hands of Hamas are untrue. No civilians were murdered in their homes, no hostages were taken by terrorists, and no 300 concertgoers were gunned down by terrorists using paragliders.

“There’s no documented evidence that those people are dead,” Douglas said. 

Douglas claimed the stories were lies propagated by a compliant media controlled by Israel.

PSL members are typically found protesting outside city hall, opposing any measure to curb Manchester’s rampant homeless problem. On Wednesday night, Douglas and the dozen or so other PLS members waved Palestinian flags and signs and chanted, “From the river to the sea, Palestine will be free.” It is a phrase used by Hamas and other antisemitic organizations calling for Israel’s destruction.

Some downtown pedestrians joined the chants, and passing drivers honked and shouted support.

The antisemites of the New England-based neo-Nazis at NSC-131 have also spoken out on behalf of Hamas.

NSC-131 posted a memo on its Telegram channel after the attack with a photo of a Nazi and a Hamas terrorist with the hashtags #DeathToIsreal and #OneStruggle.

Douglas said despite sharing a message with NSC-131 in favor of Palestinian terror against Israelis, the PSL group has nothing in common with the neo-Nazis. Instead, Douglas lumped NSC-131 and the Jews into the same group.

“They are fascists and Nazis; they are a fascist group just as the Zionists are a fascist group,” Douglas said.