Municipalities and Employers Deflated By ‘Inflatable Rat’ Case

February 2010Articles New Jersey Labor and Employment Law Quarterly

A recent New Jersey Supreme Court decision held that a municipal ordinance that banned inflatable balloons in the shape of rats, skunks and other pests used by unions during labor disputes is unconstitutional as it violates the First Amendment right to free speech. The decision stemmed from the case State v. DeAngelo, and made the distinction the inflatable sign was content-based and on display in a public forum, and as such, any law/ordinance restricting this type of speech is prohibited.

View entire article as it appeared in the New Jersey Law Journal.