NJ township can’t declare inflatable rat a pest – AP (2/5/09):
Even a 10-foot inflatable rat has free speech rights in New Jersey, the state’s Supreme Court ruled Thursday.
In a case that pitted an International Brotherhood of Electrical Workers union local against a central Jersey town, the high court ruled unanimously that the rodent is protected speech under the First Amendment.
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The super-sized rat, sitting on its hind legs and bearing fangs, is a national symbol used by organized labor to signal a labor dispute. It had been blown up and displayed at a 2005 labor event in Lawrence Township until police enforced a law that bans banners, streamers and inflatable signs, except those announcing grand openings.
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The township claimed the union’s use of the rat was a form of commercial speech, less deserving of First Amendment protections.The state Supreme Court found that the law wasn’t neutral, and therefore was unconstitutional. It said an ordinance “that prohibits a union from displaying a rat balloon, while at the same time authorizing a similar display as part of a grand opening, is content-based.”
