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‘Long Live the Revolution!’ Activists Keep Legal Fight Over Rebel Girl Marker Alive

Historical figures of New Hampshire, unite! You have nothing to lose but your state-funded highway markers.

The sponsors of a since-removed Historical Highway Marker honoring Concord-born Communist Elizabeth Gurley Flynn are appealing the dismissal of their lawsuit against the state. They argue no person from the Granite State’s past is safe from having their legacy erased from the public record — a common practice in Josef Stalin’s Soviet Union.

Attorney Andru Volisnky says Merrimack Superior Court Judge John Kissinger was wrong when he ruled against left-wing activists Arnold Alpert and Mary Lee Sargent, who supported the effort to have the state honor Flynn. Volinsky warned Kissinger’s ruling opens the door for anyone having their marker removed arbitrarily by the state.

“The court’s ruling protects the decision to remove the marker no matter the reason,” Volinsky wrote in his motion for reconsideration. “All removal decisions are protected from review by the court’s ruling on standing. No one could challenge a similar decision to remove a marker because the subject of the marker was a Republican or Democrat, woman, LGBTQIA, Black, Brown, Asian, or any other factor an executive councilor or a governor deems objectionable.”

The state removed the marker honoring Flynn last May, weeks after it was posted by the state’s Department of Natural and Cultural Resources. When more details about Flynn’s background became public — like her lifelong support for Soviet Communism and her state funeral in Moscow’s Red Square — several members of state government, including Gov. Chris Sununu, called for the marker to be removed.

Alpert and Sargent worked for months to collect signatures as part of the process to get the marker approved and installed. They filed the lawsuit challenging the subsequent removal, claiming the state did not follow its own procedures.

“The purpose of the marker program is educating the public about places, events, and people of historical significance, a category which certainly includes Elizabeth Gurley Flynn,” Sargent said. “There is no provision in statute or in the rules governing the marker program that says established markers can be removed based on ideological rather than historical grounds.” 

Kissinger’s March 20 dismissal, however, found neither Alpert nor Sargent have the legal right to challenge a decision that belongs to the state. The marker’s creation and installation was paid for by the DNCR, and it was installed on state-owned property in Concord.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Flynn, a labor activist, women’s rights pioneer, and founder of the American Civil Liberties Union, was born in Concord in 1890. She joined the Communist Party in 1936, a time when many Americans were abandoning it in response to Stalin’s purges. Flynn remained an unapologetic Stalinist, and as a result was kicked out of the ACLU in the 1940s.

Flynn was convicted in 1951 under the Smith Act for supporting a Communist revolution in the United States. She would eventually go on to lead the Communist Party USA. In 1964, she died while in Russia. An estimated 25,000 people attended her funeral in Red Square.

Court Says Supporters of ‘Rebel Girl’ Marker Lack Standing, Tosses Lawsuit

The left-wing activists who got the state to install a historical marker honoring Concord-born Communist Elizabeth Guerly Flynn don’t have the legal right to challenge the marker’s removal, Merrimack Superior Court Judge John Kissinger ruled.

On Wednesday, Kissinger dismissed the suit filed by outspoken progressives Arnold Alpert and Mary Lee Sargent against the state, ruling they lack the legal standing necessary to bring their lawsuit.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Alpert said he’s mulling an appeal of Kissinger’s dismissal.

“We’re reviewing the court order and considering next steps. I believe we have 10 days to file for reconsideration if we so choose,” Alpert said.

Alpert and Sargent’s attorney, Andru Volinsky, did not respond to a request for comment.

Elizabeth Gurley Flynn

The Historic Highways marker for Flynn was removed after state officials, including Executive Councilor Joe Kenney (R-District 1) and Gov. Chris Sununu, learned Flynn was an unrepentant Stalinist who led the Communist Party USA during the height of the Cold War. At one point, she was convicted of advocating the violent overthrow of the U.S. government.

Flynn was such a strong supporter of the Soviet Union that she received the rare honor of a Red Square funeral.

The monument was removed from its Concord location on May 15, less than two weeks after it was unveiled.

Volinsky tried to claim in court that Sununu illegally ordered the marker removed. But Kissinger wrote that the governor’s involvement was immaterial.

The marker was created and installed using state resources, and its removal was a decision made by state employees, according to Kissinger’s ruling. Because Alpert and Sargent have no right under any New Hampshire law to challenge the marker’s removal, whoever made the decision is not important, he wrote.

The marker was unveiled on May 1, May Day, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Kenney, who complained at the May 3 Executive Council meeting. At that meeting and in the ensuing days, Sununu promised to do something about the marker.

The Department of Natural and Cultural Resources changed the rules for removing historical highway markers after that May 3 meeting, allowing for the removal of markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and ordered the marker taken down on May 12.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

Flynn was a labor activist and an early feminist and helped found the American Civil Liberties Union. The ACLU would later oust her over her embrace of Soviet-style Communism.

Lawsuit: State Broke Rules Removing Communist ‘Rebel Girl’ Marker

Progressive activists who pushed for a state marker honoring a Granite State Stalinist are suing, claiming the Sununu administration did not follow procedure when it took down the historic plaque.

State officials changed the rules, then broke them, in the scramble to remove the sign honoring notorious Communist Elizabeth Gurley Flynn, according to the lawsuit filed this week.

The Historic Highways marker for Flynn, the former U.S. Communist Party Chair convicted of advocating the violent overthrow of the U.S. government, was removed from its Concord location on May 15, less than two weeks after it was unveiled. The marker is currently in the possession of the New Hampshire Department of Transportation.

Now, liberal activists Arnie Alpert and Mary Lee Sargent, represented by lawyer and former Executive Counselor Andru Volinsky, accuse Gov. Chris Sununu and others of breaking the law to get rid of the Flynn marker in the face of community backlash.

‘The State has the unequivocal legal duty to follow its own duly adopted laws and not to act by the fiat of the Governor and members of the Executive Council,” Volinsky wrote.

Alpert and Sarget want a judge to order the marker to be erected once again at its original Concord location.

The marker was unveiled on May 1, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Executive Councilor Joe Kenney, who lodged a complaint at the May 3 Executive Council meeting.

“Well, I’m going to say that this particular person has no historic value here in Concord. And this person, Elizabeth Gurley Flynn, was a profound Communist who died a Soviet, who was anti-American,” Kenney said. “I am dead set against this. And I think it’s an embarrassment that we have a program that allows us to put Communists on historical markers and then say, ‘Oh, that’s part of our history.’ It’s not part of my history.”

In the days that followed, Flynn’s record as an unrepentant Stalinist who supported the Soviet Union during the height of the Cold War and received a Red Square burial came to light. As members of the public began to speak out,  Sununu vowed to get rid of the marker and blamed Concord City Council members for approving its placement.

Concord officials rejected that argument, pointing out that the marker is a state sign for a state program approved and funded by the state.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

In a statement regarding the lawsuit, Sununu welcomed Alpert and Sargent’s court case, saying criticizing the government is an important part of the American Way.

“America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries. An avowed Communist who benefited from a state funeral in Moscow’s Red Square should not be celebrated in New Hampshire. All policies were followed when removing this Anti-American sign, and it will not be coming back under my watch,” Sununu said.

The Department of Natural and Cultural Resources changed the rules for removing Historic Highway Markers after that May 3 meeting, allowing for removing markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and, on May 12, ordered that the sign be removed. 

“Commissioner Stewart did not consult the State Historical Resources Council as required by the newly amended policy,” Volinsky wrote. “Nor was the reason for retirement officially recorded in the minutes of the State Historical Resources Council also as required by the newly amended policy.”

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. party chair in 1961.

She joined the Communist Party during Josef Stalin’s deadly purge and high-profile show trials, facts known to the public at the time. When Flynn joined in 1936, the Soviets had already murdered nearly 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. 

Her membership in the party got her expelled from the ACLU in 1940 when the civil rights groups formally denounced Communism. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. 

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

Concord Advocates for Communist Leader’s Marker Considering Legal Action

Imagine there’s no marker.

The now-infamous historical highway marker honoring home-grown Communist Elizabeth Gurley Flynn keeps causing headaches for the state.

A month after Gov. Chris Sununu had the state marker removed from its street corner in Concord, supporters of a commemoration of “Rebel Girl” Flynn are considering a lawsuit to get it put back.

“We are looking into options,” activist Arnie Alpert told NHJournal.

Alpert and Mary Lee Sargent, both long-time leftist organizers, filed the original petition for the state to erect the marker for Flynn. They also organized its unveiling on May Day, “one of the most important holidays in communist countries such as China, Cuba, North Korea, and the former Soviet Union,” according to Wikipedia.

When Republican members of the state’s Executive Council discovered who the marker was honoring and her history as an unrepentant Stalinist who sided with Moscow during the Cold War, they were outraged. They demanded answers from the Sununu administration, particularly the New Hampshire Department of Natural and Cultural Resources, about how such an honor could be approved and paid for by the state.

Under pressure, Gov. Chris Sununu first blamed Concord city leaders for the commemoration before conceding it was entirely a state project and having the marker pulled down.

Now Alpert and Sargent have brought progressive lawyer Andru Volinsky to restore the sign. Volinksy told NHPR the state broke its own rules when it had Flynn’s maker removed. Volinsky said the matter could be pursued in court as a violation of New Hampshire’s Administrative Procedures Act.

“In this case, there were rules and policies for historical markers both erecting and removing them,” Volinsky said. “It seems as though the rules to erect the marker were followed. Then some people issued an edict, and it was removed without following the rules. So, there are ways to enforce those rules through the court system.”

Alpert and Sargent warned the state before the marker came down that state rules need to be followed. In a letter they sent to Natural and Cultural Resources Commissioner Sarah Stewart, Alpert and Sarget cited her department’s rules regarding the removal of markers.

“At this time, there are no grounds for the marker’s removal which are consistent with your department’s policies,” they wrote.

They noted that the rules for getting a marker “retired” are specifically tied to the marker’s condition and not any prevailing political sentiment.

“The policy for retirement deals with markers that contain errors, are in a state of disrepair, or require refurbishment. None of these criteria apply to the marker in questions that would in any way justify its retirement,” Alpert and Sargent wrote.

Stewart has not responded to Alpert and Sargent’s letter, according to Volinsky.

Flynn was born in 1890 in Concord. Her family moved to New York City when she was 10. She became a socialist activist in her teens, eventually helping to found the American Civil Liberties Union. In 1936 she joined the Communist Party USA (CPUSA), eventually rising to national chairwoman in 1961.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Her decision to join the Communist Party during Stalin’s purges and high-profile show trials is particularly disturbing. In fact, Flynn was expelled from the ACLU over her membership in the CPUSA. A decade later, she was found guilty under the Smith Act for advocating the overthrow of the U.S. government by force and violence.

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became the head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Volinsky told NHPR he hopes to be able to negotiate a resolution with the state.

It’s easy if you try.

NH State Website Still Touts Historic Marker Honoring Communist Leader

The “Rebel Girl” is still causing headaches for the Sununu administration a week after the governor said he wanted the state Historical Highway Marker honoring Communist Elizabeth Hurley Flynn removed.

Despite the governor’s complaints, his own New Hampshire Department of Cultural and Natural Resources continues to tout the marker for Flynn, the former head of the American Communist Party, on its website.

“The N.H. Division of Historical Resources is pleased to announce that a New Hampshire Historical Highway Marker honoring Elizabeth Gurley Flynn, a well-known labor, women’s rights, and civil liberties activist, has been installed at the corner of Court and Montgomery Streets in downtown Concord, near the site of her birthplace,” reads the press release, which was still online as of Wednesday.

The message on a state-run website adds more weight to the case made by the City of Concord that the marker is a state, not municipal, matter.

Sununu has blamed the marker’s placement on Concord city officials, claiming he wants the marker removed but must wait for the city to act.

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

After Executive Councilors saw red when they learned about the marker for Flynn — who Sununu and other state officials have called anti-American — Sarah Stewart, commissioner for the New Hampshire Department of Natural and Cultural Resources, took less than decisive action. Stewart sent a letter to Concord Mayor James Bouley asking him to ask the state to have the marker removed.

The problem for Stewart, Sununu, and all other anti-Communists in the Granite State is that the city has no control over the 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,” Bouley said this week.

The marker is part of a state program, paid for with state funds, and placed on state property. Or, as the state’s press release says, “The New Hampshire Historical Highway Marker program is jointly managed by the N.H. Division of Historical Resources and N.H. Department of Transportation.”

There is a legal way to remove a Historical Highway Marker, which is covered under state law.

Flynn was born in Concord and moved to New York with her family as a child. She became a leading labor and civil rights activist before joining the Communist Party. In fact, Flynn was kicked out of the ACLU, which she helped found, because of her membership in the Community Party during the Stalin regime.

Flynn became a Communist 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 Soviet Russia in Moscow’s Red Square with 25,000 people attending.

State Puts Blame For Marker Honoring Concord Communist On City

Fallout from the state’s historic marker honoring a notorious Communist continues as the Sununu administration invites Concord to remove the monument, and the city insists it never requested the placard in the first place.

“If the City Council objected to the placement of the marker on city property, the application would have been denied,” New Hampshire Department of Natural and Cultural Resources Commissioner Sarah Stewart wrote to Concord’s mayor Thursday.

“It’s their sign, not ours,” Ward 3 Concord City Councilor Jennifer Kretovic told NHJournal. “And if they want to say differently, they can go pound sand.”

The controversy began in Wednesday’s Governor’s Council meeting when Executive Councilors Dave Wheeler and Joe Kenney raised questions about the marker, unveiled on May Day, honoring Concord native Elizabeth Gurley Flynn. Flynn was an unapologetic Stalinist who joined the Communist Party during the purges, led the CPUSA during the Cold War, and received a state funeral in Red Square from a grateful Soviet Union.

Flynn’s marker took members of the Executive Council by surprise this week, unhappy the state is seemingly celebrating an anti-American Communist. Gov. Chris Sununu promised to investigate how the sign got approved and the possibility of getting it removed. 

Stewart, who oversees the Division of Historical Resources (DHR), told NHJournal she “never reviewed this request. The process that is in place doesn’t include an approval from me. This is something I am discussing with the governor.”

On Wednesday, she told the executive councilors her office was not responsible for the marker, stating the application came from the City of Concord.

“Our agency is not in the business of approving or denying the markers,” Stewart said. “We check for factual accuracy, and we help make sure that the text fits on the space allocated on the marker.”

But Tony Schinella at The Patch reported Thursday morning that “the request for the marker was made to the Concord City Council by a state employee — Amy Dixon, a community preservation coordinator in Stewart’s department, on Sept. 12, 2022.”

“According to the timeline of records by the city, the council approved forwarding the request at its October 2022 meeting to the city’s Heritage Commission,” The Patch reported.

A few hours after the report was published, Stewart released a letter to the city of Concord urging them to request that the Flynn marker be taken down.

“I am reaching out to inform the City of the opportunity to reevaluate your approval of this marker,” Stewart wrote to Concord Mayor James Bouley. Her letter squarely places the blame for the Flynn marker on Concord officials.

“There was a public hearing conducted by the Concord Heritage Commission, and then (the marker) was approved at a Concord City Council meeting,” Stewart wrote. “If the City Council objected to the placement of the marker on city property, the application would have been denied.”

But city records show that application for the Flynn marker was brought into the city by DHR’s Amy Dixon, a community preservation specialist.

“The New Hampshire Historical Highway Marker Program is respectfully requesting City Council approval to install Marker #278, which honors former Concord resident Elizabeth Gurley Flynn for her accomplishments in leading America’s early 20th-century labor movement and for her support of civil liberties and women’s rights,” Dixon wrote in a September letter to the City Council.

Dixon assured the Council the state would pick up the costs of the marker. 

“The City would be under no financial obligation. We only seek City Council approval for its location, which is proposed near the southeast corner of Court and Montgomery streets near the county courthouse,” Dixon wrote to Concord officials.

Kretovic told NHJournal Stewart’s version of events is simply not true. While Concord did approve the marker, that process was merely a formality, she said. The state controls the whole process from start to finish, she said.

“It’s a courtesy that the state reaches out to the city and says, ‘Hey, we’re putting a sign in your city,’” Kretovic said. “We don’t bless that wording; we have nothing to do with that,” Kretovic said.

Arnie Alpert, a retired liberal activist, and Mary Lee Sargent, another left-learning activist, got the original ball rolling by sending DHR an application for Flynn’s marker. Alpert told NHJournal Flynn deserves to be recognized for her trailblazing work as a labor activist, civil rights leader, and feminist. 

“Elizabeth Gurley Flynn was a significant figure in American history,” Alpert said.

Alpert and Sargent’s application included signatures from 30 residents and proposed wording for the marker. Their text appears unchanged on the sign that went up on May 1. Dixon took that application and text to Concord and walked it through the process to get the city’s approval.

Kretovic said it is important that the marker recognizes Flynn’s membership in the Communist Party and her conviction in 1951 for fomenting the violent overthrow of the government. Kretovic would have preferred if the state included an option for people to learn more about Flynn and Communism, such as a QR code people could scan into their phones for relevant factual links.

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. Party Chair in 1961.

Her decision to join the Communist Party during the period of Josef Stalin’s deadly purge and high-profile show trials is particularly disturbing. In fact, her membership in the party got her expelled from the ACLU in 1940. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge.

If the Sununu administration or the City of Concord does not act, the New Hampshire legislature is standing by.

“If the department does not remove this sign, I will sponsor legislation to do so,” said Rep. Ross Berry (R-Manchester). “We don’t honor Communists in New Hampshire.”

Why Did NH Approve A Historic Marker Honoring A Concord Communist?

The Sununu administration approved a new Historical Highway Marker honoring a committed Communist from Concord who received a state funeral in Moscow’s Red Square. Now state officials are asking how it happened.

On Monday, May 1 — May Day for the international Socialist movement — the New Hampshire Department of Natural & Cultural Resources unveiled the marker honoring Elizabeth Gurley Flynn, who once led the Communist Party USA.

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. Party Chair in 1961.

Her decision to join the Communist Party during the period of Josef Stalin’s deadly purge and high-profile show trials is particularly disturbing. In fact, her membership in the party got her expelled from the ACLU in 1940. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence.

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

Executive Councilor Dave Wheeler (R-Milford) brought up the marker during Wednesday’s Executive Council meeting, expressing his outrage that the state would approve a memorial to an enemy of the United States.

Wheeler said Flynn’s maker in Concord is an insult to every Granite Stater who ever served in the military, including the veteran who led the council’s Pledge of Allegiance before the meeting. “I’m just totally offended by that. I think it’s a slap in the face to the veteran who did our Pledge of Allegiance this morning,” Wheeler said.

Fellow Republican Joe Kenney also voiced his opposition.

“This is a devout Communist. We are the ‘Live Free or Die’ state,” Kenney said. “How can we possibly promote her propaganda, which still exists now through this sign in downtown Concord?”

Executive Councilor Cinde Warmington, the lone Democrat on the five-member committee, represents the city of Concord, whose Heritage Commission requested the marker. Warmington didn’t comment during the discussion. She also declined to respond to requests for comment from NHJournal.

Gov. Chris Sununu learned of the marker Wednesday morning and was not happy with what he heard during the Governor’s Council meeting.

“I completely agree with the sentiment here,” Sununu said, and he pledged to “dig into” how it happened. He also grilled Sarah Stewart, commissioner for the New Hampshire Department of Natural and Cultural Resources, whose agency oversees the historic marker program.

Stewart claimed her office wasn’t responsible for Flynn’s marker, telling the governor the application came through the city of Concord. “Our agency is not in the business of approving or denying the markers,” Stewart said. “We check for factual accuracy, and we help make sure that the text fits on the space allocated on the marker.”

Sununu was not satisfied with his commissioner’s answer.

“Who at the state level says ‘yes or no,’ regardless of what a town wants?” Sununu asked. “Who at the state level says, ‘We are going to do this, or we’re not going to do that?’”

“There is a criterion that is evaluated by the Division of Historical Resources staff and the State Historical Resources Council,” Stewart acknowledged.

“I’ll tell you what: We’re going to review the whole process,” Sununu said. “The state obviously has authority here, and responsibility — it’s a state marker.”

The state’s rules for the Historical Highway Marker program clearly give Stewart and her agency the power to vet applications and approve or deny them as she sees fit. The rules have been in effect since 1958.

“The DHR shall have the function, including but not limited to, ‘Considering proposals to erect highway historical markers under RSA 236:41. No such marker shall be put in place without division approval,’” the rules state.

Michael Bruno literally wrote the book on the state’s Historical Highway Markers. The author of “Cruising New Hampshire History,” Bruno told NHJournal he was disturbed by the state’s decision to remember Flynn.

“I’m a veteran, and I served in the Cold War,” Bruno said. “I don’t see why we’re commemorating this person.”

Most disappointing for Bruno is the fact that each Historical Highway Marker includes the state seal of New Hampshire. “It looks like an endorsement from the state,” he said.

Arnie Alpert

Arnie Alpert, a New Hampshire activist who was a leader in the left-leaning American Friends Service Committee, defended the marker and Flynn, though he said he couldn’t defend all of her choices.

“She was a significant figure in American history,” Alpert said.

Alpert said Flynn was visiting the Soviet Union in 1964 to work on her memoirs when she died. The state funeral with honors in Red Square can’t be held against her.

“She was dead; she didn’t order up any state funeral,” Alper said.

Alpert said that her 1951 conviction had more to do with the McCarthy-era anti-Communist witch hunts than any threats of violent revolution. Flynn was convicted for believing in Communism, not trying to overthrow the country, he said.

“If she was guilty of anything, she was guilty of her beliefs,” Alpert said.

Still, the timing of her Communist allegiance raises questions. When Smith joined in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became the head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

“I’m not here to defend every step in the life of Elizabeth Gurley Flynn,” Alpert said.

Flynn had no problem speaking for herself. In a May 6, 1940 speech, she praised the USSR.

“On May Day, we salute the Soviet Union – land of socialism – land of peace and plenty, the great ideal of labor since time immemorial, the cooperative commonwealth of all who toil,” Flynn said.