Free speech in Mullica / Bad law resurfaces

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Democrat-leaning folks criticizing the Republicans on Township Council.

Which makes it all rather unseemly that the Republicans on council are now making a second attempt to pass an ordinance that would regulate gatherings at the waste-transfer station.

The ordinance would require people or groups wanting to gather on public property in the township to apply for a permit 30 days prior to the gathering and provide proof of liability insurance 10 days before the event. Any permit could be denied "at the discretion of the township."

This alone is unacceptable. Courts have made it clear that people have a right to gather spontaneously - without applying for a permit 30 days earlier. And those who can't afford insurance have the same rights as those who can.

The first proposal, which was tabled in May after Democrats on council and others raised constitutional questions, applied to any meeting. The current version has been changed to exclude gatherings of political discourse. But this ordinance is still a bad idea and, if you ask us, exactly what its opponents say it is - an attempt to hinder the political opposition.

Consider: The revised ordinance also says that anyone who wants to campaign, rally or hold a vigil at the entrance of the waste-transfer station must wear a brightly colored safety vest.

The reason? Public safety. But if public safety were really the goal, Mullica would have an ordinance requiring anyone going to the waste transfer station, where residents routinely drop off trash, bulk waste and leaves, to wear a brightly colored vest. But it doesn't. Only people engaged in political discourse would have to wear vests under the measure.

These types of ordinances have to be crafted carefully to survive a court challenge. Most aren't - and most don't. And this one - by specifically targeting a traditional gathering place for political discourse - seems particularly unlikely to stand.