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Title: Fuck your hate speech laws
Source: Supereme COURT OF THE USA
URL Source: http://www.powerlineblog.com/archiv ... exception-to-1st-amendment.php
Published: Jun 21, 2017
Author: everybody
Post Date: 2017-06-21 00:42:55 by titorite
Keywords: None
Views: 89
Comments: 1

The Supreme Court ruled this morning that the government cannot deny full trademark protection to allegedly racially offensive trademarks. The opinions are here.

The case involved an Asian-American band called “The Slants.” It sought federal registration of that mark. The Patent and Trademark Office denied the application under a Lanham Act provision prohibiting trademarks that may “disparage. . .or bring. . .into contemp[t] or disrepute” any “persons, living or dead.”

The Court ruled in favor of The Slants. The vote was unanimous, though the Court split 4-4 on some of the finer points. Eugene Volokh summarizes the core points on which all eight Justices agreed (Justice Gorsuch did not participate):

1. By denying registration to trademarks that allegedly disparage certain kinds of groups, the federal trademark law discriminates based on viewpoint.

2. While the government may discriminate based on viewpoint when it comes to speech that is treated as the government’s own speech, trademarks are private speech (albeit protected by the government against certain forms of infringement) and not government speech.

3. Even if these trademarks are viewed as “commercial speech” (basically, commercial advertising), which is subject to somewhat more restrictions than other speech — and the court stresses that they might not be — such speech still can’t be restricted because of its alleged offensiveness. Both of the main opinions are solid when it comes to protecting “hate speech.” Justice Alito wrote:

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#1. To: All (#0) (Edited)

THe supereme court actually made a correct ruling.... What are the fucking odds.

I know their some people in Alabama that are gonna be happy... cause they were dicks to a family and they got 30 years....based on hate speech... I mean calling kids niggers at their birthday party... ON A MEGAPHONE that's a dick move. But its more of a disturbing the peace charge ...Something that might merit some probation and community service cause they had clean records previously... 30 years was bullshit even if they were acting like jackasses in public to a childs private event.

30 years was bullshit. And now they can appeal and get their freedom and some restitution. Still assholes, but the right of freespeeh trumps being a dickhead. But not disorderly conduct , I mean getting your jollies of calling children niggers at their private party over a megaphone for around half an hour is damn sure attempting to provoke a conflict. That what face book is for... or sign holding on a public sidewalk at most.

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Suspect all media / resist bad propaganda/Learn NLP everyday everyway ;) If you don't control your mind someone else will.

titorite  posted on  2017-06-21   0:52:24 ET  Reply   Trace   Private Reply  


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