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.
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more:
http://www.cnn.com/2009/CRIME/02/05/scabby.rat.free.speech/index.htmlDon't think this is trivial. If they had lost this case, wouldn't picket signs -- and picketers -- be ruled 'unaesthetic' next?