Victory: After FIRE raised concerns, Sussex County revises unconstitutional public square policy

After FIRE warned that a New Jersey county’s rules for using a historic public square violated the First Amendment, county officials revised the policy, scaling back restrictions that had applied even to small groups engaging in everyday speech.

In December, FIRE explained that Sussex County’s sweeping policy — requiring groups of any size to apply for permission to gather in Newton Green, obtain costly liability insurance, and accept broad financial responsibility for any damage or cleanup costs, even potentially resulting from third parties — was flatly unconstitutional.

The policy didn’t just regulate large events either. It reached ordinary expressive activity, from small protests to a few handing out flyers. That’s a problem. Public parks and town greens are traditional public forums. The government can impose reasonable rules for large or disruptive events, but it cannot require small groups or individuals to get permission before speaking.

Following FIRE’s intervention, the county revised its policy. The new rules make clear that public parks are generally open for expressive activity. And no, you do not need a permit.

The revised policy also limits permit requirements to larger or more disruptive events, such as those involving exclusive use of space, road closures, or gatherings of 50 or more people. It exempts spontaneous demonstrations and requires that any fees, insurance requirements, or conditions be based on objective, content-neutral criteria. In addition, the county agrees to waive permit costs for people who cannot afford them.

FIRE applauds the Sussex County Board of County Commissioners for taking our concerns seriously and adopting a policy that safeguards the First Amendment rights of county residents.

The new policy recognizes a simple but essential principle: free speech is a right, not a government-issued privilege.