West Caldwell’s Proposed Protest Ordinance Sparks Outcry Over First Amendment Rights

A West Caldwell, New Jersey, bill on local governance and First Amendment rights has aroused debate. The Township Council will consider a protest ban.
Public gathering organizers with 25 or more participants would need a permit 30 days in advance under the new regulation. They must also agree in writing to pay the township for “reasonable and foreseeable expenses” including demonstration security, setup, and cleanup. Organizers need $2 million complete liability insurance.
The ordinance allows the mayor, township administrator, or their designees to grant or deny permits. Critics argue these laws could limit free speech, especially for low-income groups.
ACLU-NJ and other civil rights groups oppose the ordinance. The ACLU-NJ wrote to the township council that the new law is “glaringly unconstitutional,” turning the First Amendment into an income-based privilege. Organizations say reimbursement and insurance requirements might financially strain organizers, suppressing dissent and political expression.
Local residents worry the rule will hinder political protests. David Broderick of Rockaway Township denounced Trump and his government at two West Caldwell gatherings. He feared the ruling would limit constitutional political protests.
The township’s proposed regulations have been likened to other jurisdictions’ constitutionally challenged measures. Free speech advocates warn that excessive restrictions might set a precedent for other towns and harm public spaces for expression and assembly.
As the council decides on the ordinance, the community splits. Supporters argue the regulations provide public order and safety at large events, while opponents say they violate democracy. Besides West Caldwell, this vote may effect other municipal demonstration regulations.
Sources
Patch News
ACLU of New Jersey
Local resident testimonies