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re: Redskins Win... banning offensive Trademark names is unconstitutional according to SCOTUS

Posted on 6/19/17 at 1:36 pm to
Posted by jcole4lsu
The Kwisatz Haderach
Member since Nov 2007
30922 posts
Posted on 6/19/17 at 1:36 pm to
quote:

it's a tool of fascism. why are you promoting fascism?


You are talking to the person who claimed protesters had the right to be heard, and trying to avoid hearing them was a violation of their constitutional rights.
To be clear - not silencing the protesters, literally just not wanting to hear them was the violation.
This was in regards to protestors blocking students access to their classes in one of those institutions of indoctur... i mean higher learning in California.
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 6/19/17 at 1:47 pm to
quote:

How this provision in the Lanham Act remained for so long despite clearly breaching Amendment 1 makes literally zero sense
less obvious violation of the US Constitution than "gun control" laws.
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 6/19/17 at 2:00 pm to
quote:

and frick you


Y tu madre tambien, pendej--

You know what? I can't sustain it. My true hate is reserved for the eagles
Posted by mattgr1983
Austin, Tx
Member since Oct 2012
2434 posts
Posted on 6/19/17 at 2:19 pm to
They should probably change it, but sure as frick not because the law forces them to. Good decision.
Posted by slackster
Houston
Member since Mar 2009
85395 posts
Posted on 6/19/17 at 2:37 pm to
quote:

The fact that the US patent office did this is even more disturbing. Not to get too political, but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology. This clearly unconstitutianl case is just but one example.


The law was passed in 1946.
Posted by slackster
Houston
Member since Mar 2009
85395 posts
Posted on 6/19/17 at 2:43 pm to
quote:

Good - maybe this will extend to license plates...because the government issues them and declares them government speech and prohibits content.


Perhaps...

quote:

2.
The disparagement clause violates the First Amendment’s Free Speech Clause. Contrary to the Government’s contention, trademarks are private, not government speech. Because the “Free Speech Clause . . . does not regulate government speech,” Pleasant Grove City v. Summum, 555 U. S. 460, 467, the government is not required to maintain viewpoint neutrality on its own speech. This Court exercises great caution in extending its government-speech precedents, for if private speech could be passed off as government speech by simply affixing a government seal of approval, government could silence or muffle the expression of disfavored viewpoints.
Posted by molsusports
Member since Jul 2004
36153 posts
Posted on 6/19/17 at 3:07 pm to
Good ruling. Government can not be in the business of regulating speech as a rule.

The idea of banning speech because it offends removes the core of the first amendment because it inevitably can only be applied to the speech of minorities - because majority speech representing majority opinions will not be deemed offensive to anyone other than a minority group. Conversely minority positions which contradict conventional norms and opinions will inevitably be portrayed as offensive.

The second you regulate speech for being offensive you gut the first amendment and rob your democracy of open dialogue that allows for democratic debate.
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