Free speech is the foundation of our democracy. Recently, West Caldwell residents used their First Amendment rights to defend it.
Last month, the West Caldwell Township Council introduced an ordinance that created new rules for protests and other public events. The ACLU of New Jersey submitted a letter outlining major constitutional concerns with these new rules, explaining that the ordinance placed unconstitutional financial burdens on speakers and gave government officials discretion to treat speakers differently based on the content of their speech.
The ordinance required protesters to reimburse the township for any expenses the township might choose to incur in planning for or responding to protests, including for police services. In other words, it asked protesters seeking a permit to hand over a blank check.
The First Amendment is not a privilege to be purchased. As we explained in detail in our letter:
“Organizations with modest budgets or groups of loosely affiliated individuals united by shared values have an affirmative right to assemble and speak; that right cannot be confiscated based on an inability to afford police fees, cleanup costs, and other unspecified, unquantified, and unknowable expenses.”
The ordinance also required protesters to secure multi-million-dollar insurance policies. These types of insurance requirements are problematic not only because they are expensive and thus risk driving speakers who cannot afford them out of the marketplace of ideas; they are also, in many cases, simply impossible to secure, as many providers refuse to issue policies for protests, especially when they involve controversial subjects.
In addition, the ordinance required protesters to apply for a permit thirty days ahead of a planned event. Courts have repeatedly found advance-notice requirements of this length unnecessary and unconstitutional. While the ordinance contained an exception to the requirement for speech in response to breaking news, it gave the Township virtually unfettered discretion to grant or deny the exception, allowing ample and unacceptable room for bias.
The West Caldwell Township Council planned to vote on the ordinance at a meeting on September 16, 2025. The meeting drew about 150 community members, and after overwhelming public opposition from the attendees, the town council tabled the ordinance instead. At the next meeting, the council officially withdrew it.
When people show up and make their voices heard – like they did in West Caldwell – they prove that the First Amendment works and is worth fighting for.
