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Thread: SCOTUS Overturns Law Banning Disparaging Trademarks

  1. #1
    Veteran Member Madeline's Avatar
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    SCOTUS Overturns Law Banning Disparaging Trademarks

    I was right! This censorship offends the first amendment.

    WASHINGTON — In a decision likely to bolster the Washington Redskins’ efforts to protect its trademarks, the Supreme Court on Monday ruled that the government may not refuse to register potentially offensive names. A law denying protection to disparaging trademarks, the court said, violated the First Amendment.

    The decision was unanimous, but the justices were divided on the reasoning.

    The decision, concerning an Asian-American dance-rock band called the Slants, probably also means that the Washington Redskins football team will win its fight to retain federal trademark protection.

    The law at issue in both cases denies federal trademark protection to messages that may disparage people, living or dead, along with “institutions, beliefs or national symbols.”

    In 2015, a federal appeals court in Washington found the law’s disparagement provision unconstitutional in a case brought by the Slants. Writing for the majority in a 9-to-3 decision, Judge Kimberly A. Moore of the United States Court of Appeals for the Federal Circuit said that while some of the rejected trademarks “convey hurtful speech that harms members of oft-stigmatized communities,” the First Amendment “protects even hurtful speech.”
    https://www.nytimes.com/2017/06/19/u...ors_picks=true

    Read the full decision here: https://www.supremecourt.gov/opinion...-1293_1o13.pdf
    Thanks from Wonderer and bajisima

  2. #2
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    Hail to the REDSKINS

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    Galactic Ruler Spookycolt's Avatar
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    I'm surprised the liberal justices went along with this.

    Maybe they were confused about what the issue really was.

  4. #4
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Spookycolt View Post
    I'm surprised the liberal justices went along with this.

    Maybe they were confused about what the issue really was.
    Which justices are "liberal" IYO, sir?

  5. #5
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by TheWahoo View Post
    Hail to the REDSKINS
    This is 'Meurica. The marketplace should respond to offensive tradenames.

    Not the government.
    Thanks from bajisima, Wonderer and Devil505

  6. #6
    Galactic Ruler Spookycolt's Avatar
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    Quote Originally Posted by Madeline View Post
    Which justices are "liberal" IYO, sir?
    Don't play dumb, you are too intelligent for that.

  7. #7
    Member fenrir's Avatar
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    Quote Originally Posted by Madeline View Post
    I was right! This censorship offends the first amendment.



    https://www.nytimes.com/2017/06/19/u...ors_picks=true

    Read the full decision here: https://www.supremecourt.gov/opinion...-1293_1o13.pdf
    Well, I'm "never" right when it comes to jurisprudence but for once I actually agree with the Supreme Court.
    Thanks from Madeline

  8. #8
    Veteran Member Devil505's Avatar
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    The offensive part of the Washington Redskin's name ......is the word Washington.

  9. #9
    Member fenrir's Avatar
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    Quote Originally Posted by Spookycolt View Post
    Don't play dumb, you are too intelligent for that.
    Had you asked me that question I'd say the "liberals" on that court are all of those appointed by Democratic presidents and half of those appointed by Republican ones.
    Thanks from Madeline

  10. #10
    Member fenrir's Avatar
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    Quote Originally Posted by Devil505 View Post
    The offensive part of the Washington Redskin's name ......is the word Washington.
    It's a funny statement and I appreciate it. Having said that I don't used the term "redskins" as I believe it's a pejorative term but people, and organizations, should have the freedom to use it.
    Thanks from Madeline

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