Edison, New Jersey, has became the center of free speech debates after a local resident was forcibly removed from a town council meeting for holding an American flag in protest of a new rule banning “props” at public meetings. The incident occurred on November 25, when Joel Bassoff, an Edison resident and attorney, was escorted out by police for displaying a small American flag during a meeting in defiance of an ordinance that prohibits the use of such items, as well as the U.S. Constitution, during the public comment portion of council meetings.
The rule, allegedly introduced to curb disruptions at council meetings, has sparked outrage among local residents, who argue that it infringes upon their First Amendment rights and represents an overreach by elected officials. At the meeting, residents expressed their frustration with the ban, calling it “disgusting” and a blatant attempt by council members to suppress dissenting voices.
According to council members, ordinance O.2239-2024 was passed to maintain decorum at meetings that have recently devolved into chaos and have become a subject of mockery. In October, a man dressed as a bong was removed after taking the podium in full costume. Others have shown up in full face masks or elaborate outfits. One resident described council meetings of late as “a three-ring circus” with Patel at the helm.
Bassoff’s ejection came after he spoke out against the ordinance, which he viewed as a violation of his right to free expression. His removal quickly went viral, drawing widespread attention from news outlets and free speech advocacy groups. Joe Romano, the vice president of the Edison Board of Education, condemned the decision, characterizing it as a power trip by elected officials. He criticized Council President Nishith Patel for having a peaceful protester forcefully removed, arguing that elected officials should represent the entire community, not just a select group of citizens.
The decision to eject Bassoff sparked backlash from residents, who felt the ordinance infringed on their constitutional right to free speech. “How does this disrupt the flow of the meeting?” questioned Russ Azarello, a local landscaper who also held an American flag during the meeting. “Holding this is my expression of freedom of speech. If that is offensive to someone, then you’re in the wrong country.” Azarello, who comes from a family of service members, expressed his disbelief that something as symbolic as the American flag could be viewed as a disturbance.
Following public backlash, both Council President Patel and Mayor Sam Joshi attempted to clarify the situation. Patel issued a public apology, stating that there was “no intention” to ban the American flag from public meetings. He claimed that any confusion over the flag’s status was a misunderstanding. “The Edison Council has never, nor will we ever, ban the American flag from our public meetings,” Patel said in a statement, emphasizing that the flag is displayed in the council chamber and that the council begins each meeting with the Pledge of Allegiance.
Despite the apology, residents and local officials remain unconvinced. Councilman Richard Brescher, one of the few members to vote against the ordinance, criticized Patel’s statement as insincere. “That’s what I call B.S.,” Brescher said, referring to the apology. “They lie. They tell you it was a mistake, but they don’t repeal the law.” Brescher called for the ordinance to be repealed, describing it as “un-American and unconstitutional.” He argued that the new rule has created a more hostile atmosphere in council meetings, where residents feel increasingly shut out of the democratic process.
The controversy has drawn the attention of free speech advocacy groups such as the Foundation for Individual Rights and Expression (FIRE), which is considering legal action to protect the First Amendment rights of Edison residents. “Edison Township can expect to hear from FIRE in short order,” the organization stated, underscoring the potential legal implications of the ordinance.
While the ordinance itself does not specifically ban the American flag or the U.S. Constitution, the council’s broad interpretation of “props” as disruptive items has led to confusion and protests. Patel’s comments during a previous meeting, in which he labeled flags and the Constitution as “props” that could be used to “make a scene,” have fueled concerns that the rule could be used to stifle legitimate political expression.
