During a labor dispute, a local labor union engaged in a public protest of what it claimed were unfair labor practices of a local business. As part of protest, union displayed a 10-foot inflatable rat-shaped balloon on a public sidewalk in front of the business involved in the dispute. A municipal ordinance banned all public displays of “balloon or inflated” signs except in cases of a grand opening. The union challenged the ordinance in court as an unconstitutional ban on commercial speech.

CASE QUESTIONS

1. Is the ordinance constitutional, or is it a valid (content-neutral) “time, place, and manner” regulation?

2. What level of scrutiny will a court apply to the ordinance?