Analysis

The Rat's Rights: 'Scabby' Row Tees Up Union Speech Fight

Law360 (July 11, 2019, 6:13 PM EDT) -- A New York labor union may have beaten back a National Labor Relations Board official's bid to exterminate Scabby the Rat, but this high-profile fight over workers' rights to deploy the polarizing protest symbol is far from over.

While Brooklyn District Judge Nicholas Garaufis handed organized labor this war's first win with his July 1 ruling letting a Staten Island protest continue, the board's Republican majority may still jettison precedent protecting the inflatable pest. Such a shift may tee up a clash between the board prosecutor's narrow view of unions' protest rights and the U.S. Supreme Court's broad view of free speech...

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