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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, ֱ 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 ֱ’s letter in their decision.

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