Attorneys for Nashua Mayor Jim Donchess and city risk manager Jennifer L. Deshaies are asking a federal appeals court in Massachusetts to dismiss their clients from the ongoing appeal of a free speech lawsuit against the city.

Beth and Stephen Scaer filed a lawsuit against Nashua in U.S. District Court in Concord in 2024, claiming their free speech rights were violated when they were denied permission to fly two different flags — a pro-life flag and a Pine Tree flag. The Pine Tree flag has been adopted by the Christian Nationalist movement and insurrectionists, but the Scaers said their use of it was to commemorate Nashua residents who fought at the Battle of Bunker Hill.

The lawsuit argued Nashua’s flag policy violated the First Amendment by imposing viewpoint-based restrictions on spee

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