PORTSMOUTH – The City Council has voted unanimously to ban the playing of music and videos during the public comment portion of its meetings after a local man played what one councilor described as “the white Christian nationalist anthem”.
Councillor Josh Denton made the successful motion at this week’s council meeting to change the council’s rules on public comment – during which residents are allowed to come up to a podium and speak, usually for three minutes, on a topic of their choice.
He called the playing of songs, videos or other recordings during public comment “both a distraction and a disservice to the public at large”.
This would be the case, he argued, “if someone wanted to play, say, Pete Seeger’s version of ‘We Shall Overcome’ or the white Christian nationalist anthem that was played at the 5 September council meeting to a room packed with up to 60 police officers and firefighters”.The room was packed with police and firefighters because the council was scheduled to vote on new public safety contracts.
Denton is a US Army veteran who served on active duty in Iraq.
He recalled a day in October 2006 in Baghdad when he and his unit helped lock down the city of more than 5 million people to search the trunks of every vehicle trying to leave the city in the hope of finding a missing US soldier.
“And not once did we consider that 15 years in the future, someone would think that being told they couldn’t play their favourite music … would violate their First Amendment rights,” he said.
What is the song ‘American Flags’?
The song in question, ‘American Flags’, was performed by Mark Brenner, as confirmed by Mayor Deaglan McEachern.
Brenner and other supporters of former President Donald Trump have attracted attention in the past for holding pro-Trump banners – along with American flags – in the city-owned Prescott Park.
Brenner did not immediately respond to a request for comment for this story.
The song was written by Adam Calhoun and Tom MacDonald.
McEachern banged his gavel during the 5 September meeting to get Brenner to stop playing the song.
Brenner usually uses a small tape recorder with a single speaker to play his songs at the meetings.
McEachern called for the song to stop after lyrics were heard that included “I’m a white boy with the middle fingers in the air”.
Content neutral ban
Denton said he had done research on white Christian nationalism and said he “immediately recognised” the song when it was played.
But he insisted the new rule against playing music or videos during public comment was “content-neutral”.
He insisted he enjoyed hearing from residents during public comment, “but the fact is, when somebody gets up to play a recording of somebody else, it’s not their own speech”.
“It’s just not useful and it’s not the place for it,” he said.Brenner has been playing music at recent council meetings, starting earlier with a Johnny Cash song and ending with “American Flags”.
“People have been texting me asking what’s going on in Portsmouth with playing this music, I’m just here to speak during public comment,” Denton said.
The change in the council’s rules on public comment was “about good governance and civility”, he said.
Reached on Friday, McEachern said he objected to the song being played for a number of reasons, including that YouTube could take down the council’s videos because it doesn’t have the rights to the songs.
He added that he had “tried to give people like Mark, who don’t live in Portsmouth but have connections to Portsmouth, a long leash when it comes to public comment”.
Brenner has stated that he lives in Eliot, Maine.But McEachern called “American Flags” “just a very angry song” that he said “has no place in the council chambers”.
Other members of the public he’s heard from about playing the song “are generally opposed to it,” McEachern said.
“Most of the people who have come forward have said, ‘Let’s stop this,'” he said.
During the September 18 council meeting, Coun. Vince Lombardi said “public comment is to hear the words of the public, not to hear something that was created by someone else.”
“It led to some music that was, I would say, inappropriate, and I don’t think that’s a First Amendment right to be able to do that,” he said.
Councillor John Tabor said the motion “goes to the heart of what public comment is all about”.
“I think public comment should be public comment, not listening to recordings,” Tabor said.
