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

EDISON, New Jersey– A New Jersey city council’s decision to ban people from using “props” — which officials say could include the American flag and the Constitution — when addressing the council has sparked protests and a warning from an organization that promotes freedom of expression.

The Edison City Council last week passed an ordinance aimed at improving decorum in sometimes raucous public gatherings. The rules also prohibit the wearing of costumes or non-medical masks, the use of offensive or insulting language and disruptive behavior. They also limit individuals’ comments to four minutes and eliminate rebuttal comments.

“To treat the American flag and the Constitution as 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 “are not about restricting freedom of expression, but about maintaining order and ensuring respectful, focused debate.” He said members had seen how “the theatrics and the grandeur” can overshadow the important issues residents face.

Patel said the American flag and the Constitution can be considered props “when used performatively.” But he said their true strength “lies in our commitment to the values ​​they represent – ​​freedom, equality and justice – and not in the way they are presented in a speech.”

One resident accused members of trying to stop people from mocking them and warned the council would lose any court case over the issue. After waving an American flag and being warned several times, he was ordered removed, according to video of the rally.

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

Several council members also expressed concerns about the rules. Two of them voted against the ordinance, while one of them waved a flag.

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