Sussex County, New Jersey: Board of Commissioners restricts public protest
Cases
Case Overview
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.
Case Team