Win! Supreme Court Rules In Favor Of First Amendment
By Jason Hopkins | June 20, 2017, 10:00am | @thejasonhopkins The First Amendment scored a huge victory on Monday.
In a majority opinion, the Supreme Court ruled that seemingly offensive trademarks are protected under free speech. The ruling strikes down the 1946 Lanham Trademark Act – a law prohibiting trademark names that “may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”
The case was brought forward by the Slants – an Asian American rock group that sought to trademark their name, but was denied. In 2011, the trademark office said registering the Slants’ name would violate the 1946 Lanham Trademark Act.
While losing the first legal rounds, the Slants scored a victory when the U.S. Court of Appeals for the Federal Circuit ruled the law violates the First Amendment’s guarantee of free speech. The argument made its way to the Supreme Court where it ultimately resulted in the Lanham Act’s ouster.
In a Facebook statement, band founder Simon Tam celebrated the victory:
“After an excruciating legal battle that has spanned nearly eight years, we’re beyond humbled and thrilled to have won this case at the Supreme Court. This journey has always been much bigger than our band: it’s been about the rights of all marginalized communities to determine what’s best for ourselves.”
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http://theresurgent.com/supreme-court-rules-in-favor-of-first-amendment/