First Amendment case challenges prohibitions on registering “scandalous” titles.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow April 13 at 7:00 AM Shield the children: It’s time to discuss the Supreme Court’s next case.
A free-speech fight over a trademark might sound familiar. Two years ago, when an Asian American band, the Slants, supported by a professional football team, the Washington Redskins, challenged the law against registering “disparaging” trademarks, the court ruled it was unconstitutional. Brunetti’s trademark met the definition of scandalous, a unanimous panel of the court decided. But it decided that the provision is unconstitutional.
But Brunetti said that argument is undercut by a decision by the U.S. Patent and Trademark Office review board that takes into account his speech, referencing his “assaults on American culture [that] critique capitalism, government, religion and pop culture” and referring to his “extreme nihilism.” Francisco warns the court that striking the scandalous prohibition would mean “similar exclusions of lewd or vulgar speech from other government-sponsored activities, would be called into doubt.”
Two New York University law professors, Barton Beebe and Jeanne C. Fromer, filed a brief on Brunetti’s behalf that says decisions from the Patent and Trademark Office defy logic.
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