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SCOTUS gets one right

CaliFFLCaliFFL Senior MemberPosts: 5,486 Senior Member
This is awesome! They voted 8-0 against the federal government, in favor of the First Amendment.
At issue in Matal v. Tam was a federal law prohibiting the registration of any trademark that may "disparage...or bring...into contemp[t] or disrepute" any "persons, living or dead." The Patent and Trademark Office cited this provision in 2011 when it refused to register a trademark in the name of The Slants, thereby denying the band the same protections that federal law extends to countless other musical acts. Justice Samuel Alito led the Court in striking down the censorious rule. "We now hold that this provision violates the Free Speech Clause of the First Amendment," Alito wrote. "It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."

Justice Alito demonstrated little patience for the federal government's position. The government's arguments, Alito observed, boiled down to this: "The Government has an interest in preventing speech expressing ideas that offend." As Alito noted in response, "that idea strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express 'the thought that we hate.'"

http://reason.com/blog

https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf
When our governing officials dismiss due process as mere semantics, when they exercise powers they don’t have and ignore duties they actually bear, and when we let them get away with it, we have ceased to be our own rulers.

Adam J. McCleod


Replies

  • TeachTeach Senior Member Posts: 18,428 Senior Member
    Aaaaaannnnndddddd- - - - - - -that machine gun sound we're hearing isn't the popcorn machine going into overdrive- - - - - -it's liberals' heads exploding!
    :silly::head::rotflmao:
    Jerry
  • orchidmanorchidman Senior Member Posts: 8,047 Senior Member
    Does this mean that the Confederate flag is now permitted......................?
    Still enjoying the trip of a lifetime and making the best of what I have.....
  • CaliFFLCaliFFL Senior Member Posts: 5,486 Senior Member
    I dunno...means you can name your band Johnny Reb or Billy Yank and register it as a trademark.


    I always wondered how NWA trademarked their name. That was during the peak of "explicit" lyric hysteria and gangsta rap criticism.
    When our governing officials dismiss due process as mere semantics, when they exercise powers they don’t have and ignore duties they actually bear, and when we let them get away with it, we have ceased to be our own rulers.

    Adam J. McCleod


  • PFDPFD Senior Member Posts: 1,297 Senior Member
    I couldn't agree more!

    The sad thing is that when some black guys had a popular band and called themselves "n_____s with attitudes" no one batted an eye.
    But when some Aisans (I think) wanted to call themselves the Slants we had to go to the SCOTUS???

    How does that work?

    Eta: Did it really take me 6 minutes to type that?
    That's all I got.

    Paul
  • zorbazorba Senior Member Posts: 23,390 Senior Member
    Maybe we can now start getting away from everything "offending" everybody?
    -Zorba, "The Veiled Male"

    "If you get it and didn't work for it, someone else worked for it and didn't get it..."
  • coolgunguycoolgunguy Senior Member Posts: 6,607 Senior Member
    zorba wrote: »
    Maybe we can now start getting away from everything "offending" everybody?

    Doubtful. The ranks of the perpetually upset and easily offended is unlikely to give much of a crap that SCOTUS handed down this decision. Free speech only means for folks who toe the line. Other folks just need to shut up.
    "Bipartisan" usually means that a bigger than normal deception is happening.
    George Carlin
  • TeachTeach Senior Member Posts: 18,428 Senior Member
    zorba wrote: »
    Maybe we can now start getting away from everything "offending" everybody?

    Why bother? Just be as offensive as you feel like, and whiz on the snowflakes if they don't like it. All it takes is a pair of C.O. Jones.
    Jerry
  • snake284snake284 Senior Member Posts: 22,387 Senior Member
    CaliFFL wrote: »
    This is awesome! They voted 8-0 against the federal government, in favor of the First Amendment.



    http://reason.com/blog

    https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf

    Why 8-0? Did somebody else retire? Isn't Gorsuch Affirmed yet? Why not 9-0? Did one abstaine from voting?
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
  • snake284snake284 Senior Member Posts: 22,387 Senior Member
    orchidman wrote: »
    Does this mean that the Confederate flag is now permitted......................?

    It is at my house. Never was banned here.
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
  • bisleybisley Senior Member Posts: 10,788 Senior Member
    Probably couldn't wake Ginsberg.
  • coolgunguycoolgunguy Senior Member Posts: 6,607 Senior Member
    snake284 wrote: »
    Why 8-0? Did somebody else retire? Isn't Gorsuch Affirmed yet? Why not 9-0? Did one abstaine from voting?


    Gorsuch wasn't in on this one. All nine will be involved going forward.
    "Bipartisan" usually means that a bigger than normal deception is happening.
    George Carlin
  • snake284snake284 Senior Member Posts: 22,387 Senior Member
    coolgunguy wrote: »
    Gorsuch wasn't in on this one. All nine will be involved going forward.

    That's what I was wondering. I guess he got to the party too late.

    Whatever, 8-0 ain't bad. It's a start. Agreement on something. And I think I agree with the outcome.
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
This discussion has been closed.
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