The group is considering a lawsuit after the New Jersey City Council banned the U.S. flag under the Constitution

The Foundation for Individual Rights and Expression (FIRE) said Tuesday it is considering legal action against a New Jersey councilman who included the American flag and the U.S. Constitution on a list of banned “props.”

An Edison Town Council ordinance that sets decorum at public hearings for members of the Edison Township community lists the use of props as an “obstruction of orderly conduct.” A heated council meeting last week resulted in resident Joel Bassoff being escorted out after he used an American flag and a copy of the Constitution during an appeal to the council.

“This will serve as a backstop, as most recently discussed at the last meeting,” Council President Nishith Patel told Bassoff after lifting a copy of the nation’s founding document. “If you use the Constitution as a backing, then we will take this as a warning that if you continue -“

“I’m sorry, I’m not going to override the U.S. Constitution,” Bassoff responded. “This is my time, you interrupt me.”

“It’s my constitutional right,” Bassoff said later. “If you get sued, you’re going to lose. My suggestion to you is that you get a second opinion from the relevant council because you are wrong.”

FIRE said on Tuesday that it had become aware of the incident and was now considering legal action. Stephanie Jablonsky, senior program officer for public advocacy at FIRE and a former New Jersey resident, said the incident appeared to be a clear violation of Bassoff’s First Amendment rights.

“No American should be excluded from a City Council meeting for displaying the American flag or the U.S. Constitution,” Jablonsky said via email. “Joel brought a small flag to protest the Council’s upcoming directive banning ‘props.’ Holding a small flag doesn’t disrupt a meeting – it reinforces the speaker’s message.”

“Instead of abandoning the Constitution, the City Council should abandon these unreasonable policies that threaten the rights of the people of Edison,” Jablonsky added. “Edison Township can expect to hear from FIRE shortly.”

When asked what steps FIRE planned to take, a spokesperson said the group was currently investigating the situation.

When asked via email for his response to FIRE’s statement, Patel shared a statement saying the council’s ordinance had been misunderstood.

“Let me be clear: The Edison Council has never and never will ban the American flag from our public gatherings,” the statement said. “It was NEVER the intent of this council to ban the American flag. In fact, nowhere in the regulation is there any reference to a ban on our country’s flag.”

“The adopted civility ordinance was intended to prevent the chronic and chaotic unrest that has entered our council chambers and sometimes prevents us from conducting the important business of our community,” it continued. “Our residents deserve our undivided attention as we seek to overcome the challenges we face together every day. I apologize again.”

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