SCOTUS Rules 8-0 There Is No “Hate Speech” Exception To First Amendment

Good news:

Supreme Court rules the government can’t refuse to register trademarks considered offensive

The Supreme Court has declared unconstitutional the federal government’s practice of refusing to register trademarks that officials deem to be offensive on racial, religious or similar grounds.

The justices ruled, 8-0, in favor of Simon Tam, the front man for an all-Asian-American rock band known as “The Slants.”

The U.S. Patent and Trademark Office had refused to register the band’s name, citing a law that denied trademarks that disparage individuals, institutions, beliefs or national symbols.

The result in the closely-watched case could doom legal challenges to other trademarks many consider offensive, such as that for the Washington Redskins football team. The team’s owners backed the musician’s attack on the anti-disparagement rule.

The eight justices who considered the case held unanimously that the clause banning registration of disparaging trademarks violates the First Amendment.

“It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito wrote.

Alito had the full support of the justices for the conclusion that trademarks are private speech, not government speech.

“It is far-fetched to suggest that the content of a registered mark is government speech. If the federal registration of a trademark makes the mark government speech, the Federal Government is babbling prodigiously and incoherently,” Alito wrote. “It is saying many unseemly things…. It is expressing contradictory views. It is unashamedly endorsing a vast array of commercial products and services. And it is providing Delphic advice to the consuming public.”

I really hope this is the beginning of a trend.  Slant Lives Matter.

BTW – Neil Gorsuch did not take part in the decision.


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110 Responses to SCOTUS Rules 8-0 There Is No “Hate Speech” Exception To First Amendment

  1. Jadzia says:

    I teach this case in my IP classes! Glad there’s a happy ending.

    So…. I am finding out the hard way that keto makes you a lightweight. I am halfway into a gin and tonic with ONE shot of gin and am pretty much under the table.

    • gram krakka says:

      What case? Hate speech in USA or France?

      My daughter and I wish we could drink more often than we do. When asked if we would like a glass of wine with dinner we usually respond “we would like to have a bottle, but we’ve already had a case of whine at home”.

      When asked at the doctors office how often I drink alcohol I enjoy responding “not often enough”. I hate that the nanny-state government requires doctors to ask about my guns and booze.

      • Jadzia says:

        It started as a trademark case, so it fits under the umbrella of intellectual property law. I like to incorporate recent issues, especially ones that the kids can relate to. Which makes me sounds about a hundred years old.

        • gram krakka says:

          Thanks. I didn’t know what IP meant. My daughter and son-in-law are both attorneys so I hear some lawyer lingo, but a lot of it goes right over my head.

    • CiscoKid says:

      If you don’t read the entire article, here is a snip.
      “If our utterly useless Republican lawmakers can ever manage to get off their lazy butts and display the moral courage required to repeal ObamaCare and pass tax and regulation reform -— you know, actually take advantage of this once-in-a-century opportunity where they run all branches of government -— an unshackled economy exploding with growth and jobs will only boost Trump further among the “likely voters.”

      • gram krakka says:

        Some folks are frustrated with perceived lack of progress on Trump’s agenda. Lots of good progress is actually happening that doesn’t get much publicity. Painting Congress as doing nothing serves the bloviating talking head’s and online media’s need to keep their bases riled up and tuning in to generate more revenue for themselves. They can hurt Trump’s agenda’s prospects by creating timeline expectations that are more in line with a dictatorship than in our Democratic Republic form of goverment.

        Republicans hold only 52 Senate seats, 8 short of the 60 required to pass legislation without some Dem’s help. Obamacare only passed because in 2009-10 the Dems controlled the WH, congress and had exactly 60 Senators. Republicans are rightly concerned about using the nuclear option for passing legislation. They know that when the pendulum swings back to Dem control of the Senate they would be blocked from having much leverage on legislation.

        Also the Fed fiscal year is Oct 1 – Sept 30. A new adminstration can’t do much about the current year’s budget allocations. They have to work with congress to impact the next fiscal year’s budget which was already submitted in early Feb and is supposed to be finalized by Congress before the Aug recess. Congress is considering truncating or working through the usual Aug recess in order to get the buget passed before the start of the new fiscal year Oct 1. Have a little patience, after all didn’t it take Saint Ronny two years to get his legislation really going?

  2. gram krakka says:

    My first thought when reading about the “slant” case was that this was a reference to the slit feature of female genitalia. Guess that shows my mind is usually in the gutter so to speak. But lately I am so confused since not all who identify as female have a slit.

  3. I only listened to a snippet of the statement to ascertain that Kushner sounds like a snotty adolescent ordering you to get your hobo-ass Honda out of the limo parking space rather than Gottfried. But the content of the speech is remarkably like the bland pablum that leaks out of Ivanka’s yap when Trump trots her unqualified ass out to address some weighty public issue.

    It’s so embarrassing and presumptuous. It’s as if some odious orange buffoon is forcing us to watch his untalented, awful children perform in badly staged recitals. For the next goddamned three years and seven months.

    Anyhoo, Jared and Ivanka: a pair of empty-headed, entitled dilettantes. As Granny Cracker always said, there’s a lid for every pot.

    • 49erDweet says:

      Is Jared still wiping tears from his eyes bc of some ancient election news or other?

    • swanspirit says:

      Typical prog hate blog. Not even original. The usual vitriol spew. It’s all they have left.

    • DeniseVB says:

      That’s sure how Barack and Michelle sounded to me! Only, they really, really did sound like that. Jared and Ivanka are actually accomplished, classy and sweet people, never got that vibe from Mr. Smelly Feet and Ms. Crankypants.

  4. blowme0bama says:

    Finsbury Park Mosque conducted training with AK-47s (from 2002)

  5. DeniseVB says:

    I just spent way too much time reading this guy’s timeline. I haven’t laughed this hard in a long time 😀

  6. DandyTIger says:

    Back to the VA gov race coming up, Gillespie is slightly ahead in early polling:

    The poll has Gillespie leading among undecided voters 19 percent to 7 percent (with the remainder “truly undecided”). Harper also reports that Gillespie has consolidated more of his party’s support, though the differences are slim: 89 percent of Republicans support Gillespie while 86 favor Northam.

    The Gillespie campaign sees an opportunity. They put out a memo announcing that their internal polling gave a similar reading to Harper’s: 46 percent for Gillespie with 45 for Northam. In that poll, Gillespie led Northam among independents 49 to 37 percent, and Gillespie enjoyed higher name recognition, 85 percent to Northam’s 64 percent. Northam is the current lieutenant governor, but Gillespie’s near-victory at unseating Democratic senator Mark Warner in 2014 propelled him into statewide prominence.

    That gives the Republicans a chance to define Northam before he can define himself. The same memo that disclosed their internal poll also suggested that they have the means to do it. Republicans have twice as much cash on hand as the Democrats (which they ascribe to a cheaper primary campaign), and 6,000 volunteers who made more than 800,000 voter contacts during the primaries—nearly as many voters as cast ballots in both primaries combined.

    Among all voters in the Harper poll, Northam has higher favorable ratings, though both candidates are generally more favorable than unfavorable.

    For those despairing the future of conservatism and Republicans, Gillespie’s numbers offer some reassurance. He beats Northam among voters age 18-34 by 22 percent (56 to 34). No, that’s not a typo. The candidates are tied among voters age 35-54.

    Gillespie also enjoys 31 percent support among African Americans and 38 percent support among other non-white voters. Gillespie’s first campaign ad will run in the three most commonly spoken languages in the commonwealth: English, Spanish, and Korean.

    If Gillespie wins, he’ll be the first Republican to win state-wide in Virginia since 2009, and the second since 2002. The November election is still months away, but Gillespie’s campaign gives the impression they won the first week.

    • DeniseVB says:

      It’s going to be a long few months, the entire DNC will Occupy Virginia til November as well as pour millions in attack ads. Northam’s primary campaign was pure anti-Trump hostility and lies, of course.

      First up, the Georgia Special Election tomorrow. Dems spent 50 million on their Pajama Boy candidate who doesn’t even live in the district he’s running in! 50 million for a Congressional seat????? I think we need to start capping these things.

  7. lateblum says:

    I just read this. It is heart breaking.

  8. Dora says:

    I feel so sad. I almost feel as if I knew him.


    Otto Warmbier, American student detained in North Korea for 17 months, dies

    Otto Warmbier, the American student who was imprisoned in North Korea for more than 17 months and was returned home to Ohio last week, has died, his family said Monday.

    “It is our sad duty to report that our son, Otto Warmbier, has completed his journey home,” his family said in part in a statement. “Surrounded by his loving family, Otto died today at 2:20 p.m.”

  9. helenk3 says:

    GOd Damn backtrack. he could have done something to get this kid home before he was tortured to death. To die over a poster is just insane.

    May Otto Warmbier rest in peace and may his family find some kind of peace and justice for this death

    • lateblum says:

      I just now said nearly the same to my daughter who is a bronco bama fan. She had no response.

    • blowme0bama says:

      I’d read President Asshole told the family to just lay low. All to protect himself.

    • helenk3 says:

      I keep thinking that during the Korean War McArthur wanted to cross the Yalu River and go after the NK forces. The president would not let him the excuse being that China would get involved. The Chinese attacked our forces at the frozen Chosen so they were already involved. If Mc Arthur was allowed to do that maybe we would not 70 years later still have military there protecting the South Koreans and North Korea would not be in the position to do the harm they do to the world

  10. 111.1 °F
    Feels Like 116 °F

    • Jadzia says:

      88 tomorrow. No air conditioning. So miserable. It’s not cooling down at night even.

    • lateblum says:

      OMG. That’s way too hot.

    • DeniseVB says:

      Oh buckle up buttercup, it was 96 today felt like 196. I mowed the lawn (3/4 acre). 😛

      • lateblum says:

        You wild and crazy kid you!.

      • Mt.Laurel says:

        Did you get those strong booming storms – the lines on radar looked like they trailed through much of Virginia and Maryland? I got back from my eye doctor appointment just in time to miss the fun on the roads and comfort the kitties.

        Now tomorrow I get to head off to renew the drivers license. The air never works and its always a zoo. There are times I wish my mother had planned for our births in the fall even if it meant we would have started school a year later.

        • DeniseVB says:

          So far, we’re threading the needle down on the coast. Lots of wind and scary black clouds, but they’re still missing us.

          Move to Virginia! As long as I don’t break any driving laws, my driver’s license is renewed automatically every 5 or 10 years or so. (Just checked, current license expires in 2019, photo from the 90’s, close enough!)

  11. 49erDweet says:

    The Regal should be running a “Beat The Heat Double Header Matinee”.

  12. blowme0bama says:

    NSC won’t produce Susan Rice unmasking records because they’ve been moved to prepare for Obama Presidential Library and will be sealed for 5 years.

    • lyn says:

      Raid Obama’s mansion.

    • Mt.Laurel says:

      Obama s infamous for having sealed documents unsealed. Except for those that would shine the light of reality on him.

      • lateblum says:

        Those and all other records will be available digitally in 5 years. (iirc) the hard copies will only be available to universities and law schools (again iirc) after they are all digitally copied. The library hasn’t broken ground; there is no funding yet. He will have covered his butt so that no one will have access to anything that might reflect badly on his royal self. Of course that will leave slim pickings of real records of the administration.

        • lateblum says:

          The following is from the Chicago Tribune report dated May 5, 2017:

          “It’s not just a building. It’s not just a park. Hopefully it’s a hub where all of us can see a brighter future for the South Side,” he told an audience of about 300 political and community leaders at the South Shore Cultural Center. It will also become, the Obama Foundation said, the first completely digital presidential library, with no paper records stored on site.
          The museum, housing exhibition space as well as education and meeting rooms, will be the tallest of the three structures, reaching as high as 180 feet. It will be clad in a light-colored stone and will serve as a “lantern” for the complex.
          To its south will be the forum building, which will house an auditorium, restaurant and public garden, and the library building. The building could also contain a branch of the Chicago Public Library.
          The library, though, will not contain Obama’s paper records. Instead, it will be the first presidential library to fully digitize a president’s unclassified records.
          The paper documents will be housed at separate facilities maintained by the National Archives and Records Administration, which has control over Obama’s records, the foundation said. The location of those sites has not been determined,
          said John Valceanu, NARA’s director of communication and marketing in Washington.”…snip

          (bolding mine)

          I don’t know why getting this here was so difficult. But it was. I believe I’ve made all the attribution needed…

          • CiscoKid says:

            Democratic controlled Chicago for the last 50 years or so, the South Side still has some of the poorest neighborhoods, high unemployment, drug trafficking and the largest concentration of gangs and gang related homicides.
            Check out and see what 50 years of “hopefully” and “brighter” promises have done for Chicagos South Side.

            ” Hopefully it’s a hub where all of us can see a brighter future for the South Side,” he told an audience of about 300 political and community leaders at the South Shore “

          • lateblum says:

            All too true, Cisco. His “hope and change” didn’t come from out of the blue, now, did it?

      • lateblum says:

        I also found a report saying the papers and documents were being moved from DC and the Nat’l Archives to a site in Hoffman Estates. The article was dated October 16, 2016

  13. CiscoKid says:

    And the ” library” hasn’t even been built yet.
    Corruption, coverup, corruption!👿

  14. lyn says:

    To lighten things up:

  15. mothy67 says:

    The snowflakes think hate speech is a real thing.
    Do they teach anything about our government to kids? I fell truly madly deeply in love with our Constitution when I was a youth. It fascinated me. I might have gone to law school but somebody put all these bars between me and a future.
    Seriously I was reading one of those vox types. So little comprehension. They just make things up.
    Erudite fuck sticks that cannot read the plain English of the Bill of Rights.

  16. mothy67 says:

    Who gets to decide what is hate speech? I have read of individuals in Europe being jailed for saying not nice things on facebook.
    I would be incarcerated forever and a day.

  17. lateblum says:

    Here is a little bit more about Kamala Harris and our friend, Mad Max-ine Waters.

    • CiscoKid says:

      So NSC won’t release Susan Rices records, “moving”(hiding) them to a library that hasn’t been built yet.
      And now more Dem’ corruption, legal corruption.
      But where the hell are the ‘effen Republican’s doing to expose this?
      They can bad mouth Trump, but crickets on this.
      Rat bastards.🐀🐀🐀🐀🐀🖕

  18. mothy67 says:

    Here is a sweet story. My brother is going through a rough patch. He is my little brother. I tried to give him my credit cards. He deposited me at a bar I placed two cards in his monster truck. He is maybe a bigger asshole than me. He returned my cards.
    He ain’t heavy he is my brother. I would go so dark and watch The View. Okay I love Steve but not that much.

    • CiscoKid says:

      There are friends, good friends and best friends, but there ain’t nothing like family.
      It’s taken me years to realize that, so much wasted time.

  19. DeniseVB says:

    Our Donald gets it right, comforting words for all of us……

  20. CiscoKid says:

    Oh my!

  21. AFVet says:

    This is how we do it.

  22. AFVet says:

  23. mothy67 says:

    I am a very blessed person. This is my song with my kid who is not my kid

    I think of her and you guys when I hear it.
    No idea how this idiot got this far with a child. You all helped me.

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