Giant Inflatable Rats, Labor Disputes, and the First Amendment

Mascots have proven to have a large impact in our society today. Typically, we associate mascots with our favorite athletic teams, respectively.  Seldom do we imagine the use of mascots outside of this context, but for nearly 25 years a giant inflatable Rat has been the mascot for both workers and their rights. Recently, a New York court ruled that the use of "Scabby the Rat" by Labor Unions striking was, indeed, protected by the first amendment. The vindication of Scabby is a huge win for the morale of Labor Unions across the country, which in the past 30 to 40 years has not enjoyed the same bargaining power that they once did. Interestingly, the article provides a Supreme Court ruling in which the difference between free speech in the abstract and picketing (or striking more generally) are separated. It reads, “’Picketing by an organized group is more than free speech, since it involves patrol of a particular locality and since the very presence of a picket line may induce action of one kind or another, quite irrespective of the nature of the ideas which are being disseminated,’ said Justice William Douglas in a concurring opinion in the Bakery Drivers Local case.” It is important to recognize the act of labor as a type of speech, which must remain inside and not outside of the public discourse today.

If you would like, look to Lochner v. New York (1905) to begin to understand how Labor is defined by the court and the liberties associated with this topic.

http://blog.constitutioncenter.org/2014/11/even-giant-rats-have-constitutional-first-amendment-rights/