Sussex County, New Jersey: Board of Commissioners Restricts Public Protest

The Sussex County Board of Commissioners requires any person or group seeking to use the Newton Green for a public gathering to sign a use application, obtain general liability insurance no less than $1 million per occurrence and $2 million in total, and acquire auto insurance no less than $500,000. Applicants must agree to bear any and all costs for cleanup, accept all liability for any damage to the green, and execute a release and waiver of liability, assumption of risk, and indemnity agreement. 

On December 31, 2025, FIRE wrote the Board explaining that this policy imposes overbroad restrictions on speech and creates a heckler’s veto in violation of the First Amendment. On March 25, 2026, the Board approved an amended ordinance to bring its permitting process into constitutional compliance.