Edison Township, New Jersey: Town Council bans props, including the U.S. flag and Constitution, at council meetings

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Case Overview

FIRE Victory closed

In November 2024, the Edison Township Council in New Jersey passed a decorum ordinance banning speakers from using “props” during public comments, as well as “patently offensive or abusive language.” Edison resident Joel Bassoff held up a copy of the U.S. Constitution during public comment and received a warning. The council later ejected him after he waved a small American flag. Bassoff used these symbols to support his message to the council that they were violating the First Amendment.  The council subsequently proposed a resolution which would exempt the American flag, the Constitution, and any other founding documents from the decorum ordinance. 

On December 11, FIRE wrote to the council, explaining that the First Amendment protects the rights of the public to communicate in a non-disruptive manner with their elected officials at public meetings, which includes using visual aids or language that government officials subjectively deem “offensive.” Later that day, the council voted to schedule a repeal of the ordinance and resolution for January 8, 2025, citing FIRE’s letter in their decision.

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