City officials in Edison Township, New Jersey, are under fire after enacting a decorum ordinance that bars residents from bringing “props” while giving public comments during council meetings.
These “props” include the American flag and the United States Constitution. Critics argue that such bans violate the First Amendment right to freedom of expression.
The controversy reached a boiling point during the November 25 council meeting when resident Joel Bassoff was escorted out of the building for holding a small American flag. Video of the incident has gone viral on social media.
When it was his turn to speak, Bassoff challenged the ordinance as city officials repeatedly tried to interrupt him. “I’m holding up an American flag to represent the Constitution values that we’re employing at the moment,” he said, also arguing that “It’s my Constitutional right” to hold the flag and Constitution while speaking.
One of the council members cut in, suggesting that Bassoff had forfeited his time. He replied: “Your time should be forfeited. Your position should be forfeited. By your actions, you’ve forfeited your right to preside over this meeting.”
SHOCKING: A New Jersey resident was removed from a council meeting for nondisruptively waving a small American flag and holding the U.S. Constitution after the township banned “props.”
This is unacceptable. Edison Township Council, you’ll be hearing from FIRE. pic.twitter.com/QU69dxkPx2
— FIRE (@TheFIREorg) December 3, 2024
The footage shows a council member ordering a nearby police officer to escort Bassoff out of the room.
The ordinance was supposedly intended to “prevent the chronic and chaotic disturbances” that occasionally disrupt Edison Council meetings, according to Council President Nish Patel.
However, the council’s decision to include the American flag and the U.S. Constitution has drawn sharp criticism from community members and organizations.
The ACLU of New Jersey slammed the ordinance in a statement. “Dissenting speech is protected by the state and federal constitutions, and the Edison Township Council’s decision to limit public expression undermines democratic values while wasting public resources,” said Jeanne LoCicero, the organization’s legal director.
The Foundation for Individual Rights and Expression (FIRE) also took issue with the ordinance. Stephanie Jablonsky, FIRE’s senior program officer for public advocacy, said, “No American should be booted from a city council meeting for holding the American flag or the U.S. Constitution. Holding a small flag does not disrupt a meeting – it enhances the speaker’s message.”
Jablonsky continued, arguing that “Instead of ditching the Constitution, the town council should ditch this unreasonable policy that threatens the rights of the people of Edison.”
In an attempt to quell the backlash, Edison Mayor Sam Joshi took to social media to walk back the council’s position, saying that the American flag “has never, EVER, been banned, nor will it ever be banned in our municipal complex, or any government building that we solely operate.”
The mayor also explained that he spoke with the council president, who “humbly apologized” about the incident. Nevertheless, there does not appear to be any indication that the ordinance will be repealed.
In this case, it was good that the mayor stepped in to clarify the matter. But, the fact that members of the city council felt comfortable violating a resident’s First Amendment rights is alarming. Over recent years, we have seen similar incidents play out during city council and school board meetings, with local government seeking to silence those who speak out against their policies.
Fortunately, we live in a day in which everyone has a camera in their pocket and access to social media. Local authorities that engage in this behavior can often find themselves becoming famous in ways they do not like.
