New Jersey council says ban on ‘props’ can include ‘performative’ use of US flag, constitution

EDISON, New Jersey (AP) — A New Jersey township council’s decision to bar people from using “props” — which officials say can include the U.S. flag and Constitution — when addressing the council has drawn protests and a warning from a free speech advocacy organization.

The Edison Township council last week adopted an ordinance aimed at improving decorum in sometimes raucous public meetings. The rules also bar the wearing of costumes or non-medical masks, use of offensive or abusive language and disruptive behavior. They also limit comments from individuals to four minutes and eliminate rebuttal comments.

“To consider the American flag and the Constitution a prop when someone raises it is an insult to what the flag is, what the flag stands for and what this country is,” resident Maryann Hennessey said at the meeting where the new rules were approved, MyCentralJersey reported.

Council President Nishith Patel said the rules were “not about limiting free speech but about maintaining order and ensuring respectful, focused debates.” He said members had seen how “the theatrics and the grandstanding” can overshadow the important issues residents face.

Patel said the American flag and Constitution could be considered props “when used performatively.” But he said their true strength “lies in our commitment to the values that they represent — the freedom, the equality, and the justice — not in how they are displayed in a speech.”

One resident accused members of trying to stop people from mocking them and warned that the council would lose any lawsuit over the matter. After he waved an American flag and was warned several times, he was ordered removed, according to video of the meeting.

The Foundation for Individual Rights and Expression on Tuesday posted a clip of that exchange on social media, calling it “unacceptable” and warning the council that “you’ll be hearing from FIRE.”

Several council members also expressed concern about the rules. Two of them voted against the ordinance, one waving a flag himself as he did so.