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SCOTUS: Ban on racially offensive trademarks ruled unconstitutional (Read 910 times)

Started by Ricepigeon, June 19, 2017, 09:28:10 pm
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SCOTUS: Ban on racially offensive trademarks ruled unconstitutional
#1  June 19, 2017, 09:28:10 pm
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Source: http://nypost.com/2017/06/19/ban-on-trademarks-of-racially-offensive-names-is-ruled-unconstitutional/

Quote
In a victory for freedom of speech, the Supreme Court ruled Monday that a trademark law banning offensive names was unconstitutional, siding with a rock band called The Slants, whose name had been deemed racially insulting by the feds. In an 8-0 decision, the court determined the US Patent and Trademark Office’s so-called “disparagement clause” violates the First Amendment.

The case centered on the Oregon-based, Asian-American band, which was denied a trademark because its name was considered offensive. The band countered that the 70-year-old law at issue violates free-speech rights. Justice Samuel Alito, who wrote the the court’s opinion, agreed. “The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates. If affixing the commercial label permits the suppression of any speech that may lead to political or social ‘volatility,’ free speech would be endangered,” Alito wrote.

The band’s victory could be welcome news for the Washington Redskins, which has been waging its own legal fight over the team’s name, which some people find offensive.

I guess Damon Wayans can finally trademark the word "Nigga" after 13 years.
Re: SCOTUS: Ban on racially offensive trademarks ruled unconstitutional
#2  June 19, 2017, 09:34:10 pm
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So a band called that consisted of Asian Americans couldn't trademark their name because it's offensive to... Asian Americans.

Huh.

While I'm not racist, I'm glad the band won the case. Racism and controversial matters should be discussed, not censored.
Re: SCOTUS: Ban on racially offensive trademarks ruled unconstitutional
#3  June 19, 2017, 10:15:30 pm
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Huh.

That's genuinely interesting. Good to see a political issue that gives me that kind of reaction instead of the usual partisan shitslinging.

I'm honestly not sure what I think about it. I guess it's fine.
Re: SCOTUS: Ban on racially offensive trademarks ruled unconstitutional
#4  June 19, 2017, 10:30:42 pm
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I'm surprised a law like that even existed in pre social justice 'Merica. Good thing it's dead.