A military veteran has filed a lawsuit against Sussex County and several officials, claiming his constitutional right to free speech was violated when he was ejected from a public meeting for wearing a shirt containing a profane message that criticized a commissioner.
Kenneth J. Collins, of Newton, alleges he was wrongfully removed from a March 13, 2024, meeting of the Sussex County Board of County Commissioners for wearing the shirt, which criticized a county commissioner’s military service.
Collins, a vocal critic of Commissioner William Hayden, attended the meeting wearing a shirt that read, “F*** Bill Hayden,” expressing his view that the commissioner had falsely claimed he was a Navy SEAL.
Hayden, a Republican, is the former president of the Skylands Tea Party and was elected to the Sussex County Board of Commissioners in 2022.
Hayden did not immediately respond on Tuesday to a request for comment, though both Hayden and his attorney have repeatedly denied allegations of embellishing his military record.
In May, however, Hayden reportedly returned a $100 campaign donation after a supporter said she’d been misled about Collins’ military service, according to a New Jersey Globe report.
According to a lawsuit filed in state court on Oct. 15, Collins was seated quietly in the second row of the meeting when Sussex County’s legal counsel reportedly instructed Jill Space, director of the board of commissioners, to have him removed.
Sheriff’s officers escorted Collins out, a move he contends in court papers was unconstitutional and an effort to silence dissent.
According to the county government website, commissioners meet at 6 p.m. twice a month and meetings are “open to the public,” which means anyone can attend to observe the meeting.
Space said in an email Tuesday she cannot comment on pending litigation. Board commissioners did not respond to an email sent to the clerk of the board.
“This type of censorship flies in the face of decades of legal precedent affirming the right to free speech, even when the speech is provocative or offensive,” Collins’ attorney, Donald F. Burke, said in court papers.
The lawsuit points to the landmark 1971 U.S. Supreme Court case, “Cohen v. California,” in which the court upheld a protestor’s right to wear a jacket with the phrase “F*** the Draft” in a courthouse, establishing that such speech is protected under the First Amendment.
Collins’ ejection sparked further controversy two weeks later when the county commissioners unanimously approved a new “Decorum Policy” resolution.
The policy bans comments or behavior deemed “disruptive” or “disturbing” during public meetings, including profanity or defamatory statements. Critics, including Collins, argue the policy gives officials undue authority to suppress dissenting opinions.
Collins is seeking injunctive relief to overturn the Decorum Policy, damages for the alleged violation of his rights, and attorney’s fees.
The lawsuit was filed in Sussex County Superior Court and is the latest in a series of legal challenges targeting restrictions on speech in public forums.
Collins’ legal team argues that such policies chill constitutionally protected speech and undermine the relationship between elected officials and the public.
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