Scabby the Rat Ruling Revives Free Speech Debate at Labor Board

A federal labor board ruling that green-lighted unions’ use of the inflatable protest symbol known as Scabby the Rat at demonstrations highlights longstanding tension between free speech protections and federal labor law restrictions.

While the First Amendment guarantees U.S. citizens expansive rights to protest where they wish, the Scabby case tested a section of the National Labor Relations Act that makes it unlawful for unions to “threaten, coerce or restrain” those who aren’t directly involved in a labor dispute—in this instance, an RV company that did business with a contractor accused of safety violations.

In a decision released Wednesday, two ...