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Scabby the Rat comes out winner in free speech battle (CNN)

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eppur_se_muova Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 04:25 PM
Original message
Scabby the Rat comes out winner in free speech battle (CNN)
From Bill Mears
CNN

(CNN) -- Scabby the Rat may not have a word to say, but the large rodent-shaped balloon helped a labor union earn a free-speech victory Thursday before New Jersey's highest court.

The seven justices ruled unanimously that the local union had a right to display its 10-foot-tall, black, rat-shaped balloon at a rally held outside a fitness center.

At issue was whether a township could enforce a ban on inflatable or portable signs and banners on public property. Lawrence Township police had levied a $100 fine against an official from the International Brotherhood of Electrical Workers because of Scabby.

The court concluded that while townships have a right to maintain an "aesthetic environment" and ensure public safety, its restrictions on expressive displays "do not justify a content-based restriction of non-commercial speech."

"There is no evidence to suggest that a rat balloon is significantly more harmful to aesthetics or safety than a similar item being displayed as an advertisement or commercial logo," wrote Justice John Wallace Jr.
***
more: http://www.cnn.com/2009/CRIME/02/05/scabby.rat.free.speech/index.html

Don't think this is trivial. If they had lost this case, wouldn't picket signs -- and picketers -- be ruled 'unaesthetic' next?
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Manifestor_of_Light Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 04:54 PM
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1. Cool!
I did not realize until now that inflatable rats mean there is a labor dispute. I saw one in NYC in December of 2003 in front of a seafood restaurant.

"Scabby the Rat" :rofl: :rofl:

Love it!! I'm the child of a union organizer for the Oil Workers (O.C.A.W)

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CTyankee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 04:58 PM
Response to Original message
2. OK, I'm an idiot. I thought this was a new way to refer to Joe Scarborough!
Well, it kinda fits...:rofl:
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YOY Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 05:10 PM
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3. That thing was in front of my building once.
Edited on Thu Feb-05-09 05:14 PM by YOY
I understood why they were protesting and they weren't even protesting us...but the building's owners using non-union crews.

They used homeless people to picket. I (and the Rail Union guys inside as well) was really put off that the construction union guys didn't have the sense to picket themselves...and hired scabs to do it for them...and not even convincing scabs at that...the 6'2" drag queen with a lot of stubble especially.

I'm pro-Union just anti-bad PR.
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surrealAmerican Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 05:23 PM
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4. I've only ever seen these in front of construction sites.
Edited on Thu Feb-05-09 05:24 PM by surrealAmerican
It's kind of hard to argue that the inflatable rat is what's "unaesthetic" in such a setting.
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