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Barbara Piercy (left) and Rita Annan-Brady hold signs reading "Free Speech" in West Caldwell, New Jersey

West Caldwell, New Jersey: Proposed ordinance restricts public protest

Cases

Case Overview

In August 2025, the Township of West Caldwell Mayor and Council introduced Ordinance No. 1898 to establish a permitting scheme for “demonstrations” and “special events” with 25 attendees or more. The ordinance requires 30 days’ advance notice, a $2 million insurance policy regardless of the size or nature of the event, holds event organizers liable for all unanticipated costs in administering the event, gives the town broad discretion to reject applications because of anticipated controversy, and imposes a curfew on all events between 10 pm and 8 am.

On September 12, FIREwrote the Council explaining that Ordinance No. 1898 violates the First Amendment with overbroad restrictions on speech creating a heckler’s veto, and contains vague, undefined terms which can lead to arbitrary decisions and viewpoint discrimination. On September 16, the Council withdrew the ordinance to consider revisions.

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