Portsmouth Council bans music from public comment time at meetings. Here's why.

PORTSMOUTH — The City Council voted unanimously to ban the playing of music and videos during the public comment portion of its meetings after a local man played what a councilor described as “the white Christian nationalist anthem.”

City Councilor Josh Denton made the successful motion to amend the City Council’s rules about public comment — where residents are allowed to come up to a podium and speak for typically three minutes on a topic of their choosing — at this week’s council meeting.

He called the playing of songs, videos or other recordings during public comment “both a distraction and a disservice to the public at large.”

That would be the case, he maintained, “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 Sept. 5 City Council meeting to a room packed full of up to 60 police officers and firefighters.”

The room was full of police and firefighters because the council was scheduled to vote on new public safety contracts.

Denton is a U.S. Army veteran who served on active duty in Iraq.

More local news: Portsmouth looks to shape outdoor dining for future: Fees, uniform design, more in talks

He recalled a day in October 2006 in Baghdad, where he and his unit helped lock down the city of more than 5 million people to search the trunk of every vehicle trying to leave the city in hopes of finding a missing U.S. soldier.

“And not once did we consider that some 15 years in the future someone would think that being told that they couldn’t play their favorite music … would infringe on their First Amendment rights,” he said

What is the song 'American Flags'?

The song in question, “American Flags” was played by Mark Brenner, Mayor Deaglan McEachern confirmed.

Brenner and other supporters of former President Donald Trump have gained attention in the past by holding pro-Trump banners — along with American flags — in the city-owned Prescott Park.

Brenner could not be immediately reached for comment for this story.

The song was written by Adam Calhoun and Tom MacDonald.

McEachern pounded his gavel during the Sept. 5 meeting to get Brenner to stop playing the song.

Brenner typically uses a small tape recorder with a single speaker to play his songs at the meetings.

McEachern called for the end of the song after lyrics were heard that included “I'm a white boy with the middle fingers in the air.”

Content neutral ban

Denton said he has been conducting research on white Christian nationalism, stating he “immediately recognized” the song when it began playing.

But he stressed the new rule against playing music or videos during public comment “is content neutral.”

He stressed he enjoys hearing from residents during public comment “but the fact of the matter is when someone gets up to play a recording of someone else it’s not their own speech.”

“It’s just not useful and it’s not the place for it,” he said.

More local news: Pease airport's $9M upgrade. Here's how it will look.

Brenner has played music at the last several council meetings, starting earlier with a Johnny Cash song and ending with “American Flags.”

“People were texting me and asking me what is going on in Portsmouth with the playing of this music, I’m just here to speak at public comment,” Denton said.

The change to the council rules about public comment was aimed “at good governance and civility,” he said.

Reached Friday, McEachern said he objected to the song playing for several reasons, including that YouTube could take down the city’s government videos because they don’t have the rights to the songs.

He added that he has “tried to give a long leash when it comes to public comment for individuals like Mark who don’t live in Portsmouth but have ties to Portsmouth.”

Brenner has said he lives in Eliot, Maine.

But McEachern called “American Flags” “just a very angry song” that he thought “didn’t have a place in council chambers.”

Other members of the public that he’s heard from about the song playing “generally are against it,” McEachern said.

“Most people who have reached out said, 'Let’s cut this out,'” he said.

During the Sept. 18 council meeting, City Councilor Vince Lombardi stated “public comment is to hear the public’s words, not to hear something that was created by somebody else.”

“It did lead 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.

City Councilor John Tabor said the motion “goes to the heart of what public comment is all about.”

“I think public speaking should be public speaking, not listening to recordings,” Tabor said.

This article originally appeared on Portsmouth Herald: Portsmouth NH council bans music from public comment time at meetings