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SUTLIFFE v. EPPING SCHOOL DIST.

No. 08-2587.

584 F.3d 314 (2009)

Thomas SUTLIFFE; Donald Sisson; Leo Grimard; Nancy Lee Grimard; Renee Victoria; Epping Residents for Principled Government, Inc., Plaintiffs, Appellants, v. EPPING SCHOOL DISTRICT; Town of Epping; Barbara D. Munsey, Superintendent of Schools, Administrative Unit #14; Harold K. Lapierre, Moderator, Town of Epping School District; Susan McGeough, Member, Town of Epping Board of Selectmen; Thomas Gauthier, Member, Town of Epping Board of Selectmen; Christopher Murphy, Member, Town of Epping Board of Selectmen; Kim Sullivan, Member, Town of Epping Board of Selectmen; Marci Morris, Chair, Epping School Board; Jeffrey Nollett, Member, Epping School Board; Susan Kimball, Member and Chair, Epping School Board; Pamela Tibbetts, Member and Chair, Epping School Board; Scott Booth, Member, Epping School Board; Robert Lonek, Member, Epping School Board; Jeffrey Leduc, Member, Epping School Board; Mark A. Vallone, Principal, Epping Elementary School, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 17, 2009.

Attorney(s) appearing for the Case

Benjamin T. King with whom Charles G. Douglas, III and Douglas, Leonard & Garvey, P.C. were on brief for appellants.

John T. Alexander with whom Daniel J. Mullen and Ransmeier & Spellman Professional Corporation were on brief for Town appellees.

Diane M. Gorrow with whom Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C. was on brief for school appellees.

Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.

LYNCH, Chief Judge.

This unusual First Amendment case grows out of a dispute over access to government channels of written and electronic communication to conduct an ongoing debate over government spending in the Town of Epping, New Hampshire.

A citizens group that advocates reduced spending, Epping Residents for Principled Government ("ERPG"), along with its chairman Thomas Sutliffe and another member, in 2006 brought this suit under 42 U.S.C. § 1983...

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