New London, NH — After being silenced during a Kearsarge Regional School Board comment period, Beth Scaer has scored a victory for free speech rights at public meetings.
With the help of the Institute for Free Speech and local counsel Roy S. McCandless, Scaer has secured a settlement that requires the Kearsarge Regional School Board to eliminate its “no derogatory comments” policy and commit to viewpoint-neutral treatment of all speakers. The board used that policy to silence Scaer, barring her from speaking after she referred to a biologically male athlete who competes on a girls’ soccer team as a “tall boy” and drew attention to the student’s physique during a 2024 comment period.
Under the settlement terms, the school board formally agreed to eliminate any policy prohibiting citizens from making “derogatory” comments during public meetings. The board also committed to refrain from discriminating against speakers based on their viewpoint and to apply meeting rules in a viewpoint-neutral manner.
The incident that prompted the lawsuit occurred during an August 2024 meeting specifically focused on transgender athletics policy. Scaer’s comments came during a heated debate over New Hampshire’s Fairness in Women’s Sports Act (FWSA), a law reserving girls’ sports for biological females. At the time the board silenced her, Scaer was attempting to discuss biological differences in athletic competition.
The case highlighted concerns about the selective enforcement of vague speech policies at public meetings. The settlement acknowledges that Board Chair Alison Mastin cut off Scaer’s comments for violating the “no derogatory comments” policy. Other attendees, however, were permitted to display signs with the student-athlete’s name and to use harsh and arguably offensive language to express opposing viewpoints without interruption. The recent settlement provides new protections against that kind of unconstitutional enforcement.
“Government by the people depends on the freedom of all citizens to dispute the most controversial issues of the day without censorship,” said Institute for Free Speech Attorney Nathan Ristuccia, the lead litigator in the case. “We are proud that we were able to help Beth Scaer protect the rights of all Americans to participate in political debate.”
“I’m pleased that the school board has agreed to important changes that will protect every citizen’s right to speak at public meetings,” said Beth Scaer. “This settlement ensures that what happened to me won’t happen to others. Citizens can’t meaningfully participate in democracy when officials can silence them based on vague, unwritten rules.”
The agreement ensures that future speakers at Kearsarge board meetings can exercise their First Amendment rights and address controversial topics on meeting agendas without fear of censorship, retaliation, or removal solely based on their viewpoint, provided they follow consistent, clearly defined rules that apply equally to all speakers.
The settlement also requires Kearsarge’s insurer to pay $33,000 to compensate Scaer’s legal fees.
To read the settlement agreement in Scaer v. Mastin, et al., click here. To visit our case page, which includes photos for media use, click here.
About the Institute for Free Speech
The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.
