SCOTUS Rules in Favor of Free Speech

Asian-American band win top court case over offensive trademark

Owen Mccarthy | 21 June, 2017, 07:10

The justices ruled that a 71-year-old clause in the Lanham Act, which barred disparaging terms or phrases from receiving federal trademark registration, infringed on free speech. The case in question was brought by the Asian-American band The Slants, who had been denied a trademark on the basis that their name was deemed disparaging and offensive.

In his opinion for the court, Justice Samuel Alito rejected arguments that trademarks are government speech, not private speech.

Schiller, the intellectual property attorney at Boies Schiller Flexner in NY, is a lifelong fan of the team.

Now that the Supreme Court has ruled in favor of the Slants, its ruling may encourage the U.S. Court of Appeals for the Fourth Circuit to resolve the Redskins trademark dispute sooner rather than later.

The government argued in the current case and in the Washington case that the issuance of a trademark transforms the potentially offensive term into "government speech". "It sends a strong message from the court that free speech is a fundamental right".

The Supreme Court agreed on Monday, finding 8-0 that an Asian-American band had the right to trademark "The Slants", even though some Asians would find the the term offensive. The Washington Redskins appealed that decision, but that decision was held in abeyance pending The Slants case. But the disparagement clause was the wedge that activists were trying to use to force the Washington Redskins to change the National Football League team's name (the team has been fighting the cancellation of its trademark in court). The same is true for the Redskins, but the team did not want to lose the legal protections that go along with a registered trademark. He is a board certified intellectual property lawyer by the Florida Bar Association.

MSCI Could Usher China Markets Into the Big Time
The MSCI China Index has advanced 25 percent, trouncing a 1.2 percent gain in the Shanghai Composite Index. With retail investors' pessimism over the market, they are still worrying about further yuan depreciation.

Trump tells Senators new GOP healthcare bill is 'mean'
Another said Trump used a vulgar phrase to describe the House bill and told the senators, "We need to be more generous". Their descriptions of Trump's words differed slightly.

Has Jon Snow's Real Name Finally Been Confirmed?
I still believe the Daenerys Targaryen is Azor Ahai, the warrior prophecy that's starkly similar to the Prince That Was Promised . To be clear, that name is still unofficial because HBO and Martin himself haven't confirmed it to be true...yet.

To view the full article, register now.

The reason, she said, is that "feelings are valid". One can only wonder how many trademarks have been refused registration because certain groups of people found them to be offensive. However, I do think there will be public backlash against names that might be offensive to a particular group of people.

Native American mascots remain highly controversial, and the Gill-Montague Regional School Committee is in the process of changing the Turners Falls High School Indians nickname.

The Pokagon Band of Potawatomi Indians occupies part of northern IN and southern MI.

Like in the Slant's case, defenders of the Redskins say the team's name is not in the spirit of degrading Native Americans, but instead meant to represent the fighting warrior spirit. "It's derogatory and demeaning". Mosiah Bluecloud, a spokesman for the Kickapoo Tribe of Oklahoma, explained the historical origins of the term: "In reference to the paint we used...." It found that 80 percent are not offended if called a "redskin" by a non-Indian. The students took suggestions and then organized a vote, which included alumni who still lived in the area, on the top names.

Apple unveils 'HomePod' connected speaker at WWDC

Prodigy of Mobb Deep Passes Away at 42

Apple unveils 'HomePod' connected speaker at WWDC
What sets it apart are its smarts; that puts it up against other "smart" speakers like the Amazon Echo and Google Home . Still, the HomePod costs a bit more than numerous traditional speakers with which it wants to compete.

20 June 2017

Miles Teller arrested for public intoxication
It was after this interaction that Teller was placed under arrest for being drunk in public, which is a misdemeanor offense. Teller was out with several other men shortly after midnight on Sunday when the group was approached by an officer.

19 June 2017

'Cars 3' speeds to No. 1, Tupac biopic nets strong debut
Downs, and star Ilana Glazer - the three are frequent collaborators on Comedy Central's " Broad City " and "Time Traveling Bong". Rounding out the top five this weekend is newcomer 47 Meters Down with an estimated $11.5 million from 2,270 locations.
21 June 2017

Prodigy of Mobb Deep Passes Away at 42
Prodigy , one-half of the hip-hop duo Mobb Deep with Havoc , was one of the illest storytellers to ever grace the culture. They had briefly parted ways in 2012 but reunited and released their last album, The Infamous Mobb Deep , in 2014.

20 June 2017

Timberwolves, Cavaliers, Suns all linked to Jimmy Butler trade talks
The Celtics have acquired plenty of future first round picks that they could use in a package for a big trade. The Celtics may not be done wheeling and dealing ahead of Thursday's NBA Draft .

19 June 2017

Victor Martinez placed on DL with irregular heartbeat
Martinez will not accompany the team on their seven-game West Coast trip to Seattle and San Diego, beginning on Monday. There's not a treatment template for this because it's so unusual in professional sports.
21 June 2017

Gov't Wants More Time To Address Second Travel Ban Ruling
Trump's appointment of conservative Gorsuch has been his most significant win since taking office in January. The Hawaii judge also blocked a 120-day ban on refugees entering the United States .

Germany: no punishment for UK, but EU exit good for no one
The election left an image of a dysfunctional Britain coming up against a well-oiled European Union negotiating machine. The association represents 3,200 businesses with a million employees in Germany making industrial machinery.

20 June 2017

Car rams police vehicle on famed Paris avenue; attacker dies
French officials, speaking to the Associated Press on condition of anonymity, said the incident was a suspected attack on police. A man could be seen lying on his stomach on the ground immediately after the incident, wearing a white shirt and dark shorts.
21 June 2017

Senate Republicans claim progress on health care legislation
Senate Budget rules allow GOP leaders to scrap almost every element of the health legislation that passed the House . About half a dozen Senate Republicans have expressed doubt that the chamber will act on a health bill in 2017.

21 June 2017

Trump cancels Obama's 'one-sided' Cuban deal
Diplomatic relations will remain in tact and commercial air and sea links will be exempted from the new restrictions . It also regretted "a reversal in relations between the two countries".

19 June 2017

AC Milan chief: Gianluigi Donnarumma 'certain' to stay next season
"He's a talent, then we have to distinguish between a talent and a champion", Marotta told Corriere della Sera . It's clear that Juve have the right to examine every opportunity.

McCain: Americans 'stupid' to travel to North Korea He had severe brain damage and was sent from North Korea on 13 June to a hospital in his home city of Cincinnati where he died. This is a regime that regularly kidnaps foreign citizens and keeps 120,000 North Koreans in barbaric gulags.

We now know every player available in the National Hockey League expansion draft Hard to imagine McPhee would have jumped on Varlamov, even though McPhee drafted Varlamov back in the day in Washington. Goalies Philipp Grubauer of Washington or Antti Raanta of the Rangers seem to be prime candidates for such dealings.

Resurgent Hasan Ali starring for Pakistan at Champions Trophy India play Bangladesh on Thursday at Edgbaston in the other semifinal match with India the clear favorites - but so were England . Both India and Bangladesh have faced one defeats each in the tournament so far. "Certainly not, not over confident", he said.

Special counsel probing Jared Kushner's business dealings Bannon was said to be bragging to journalists about dirt he had on Kushner regarding contacts with a Russian bank. Comey said he told the president on three occasions that he wasn't personally under investigation .

Captured Georgia inmates make first court appearance Law enforcement officials earlier captured Donnie Rowe and Ricky Dubose , two escaped inmates wanted in the slayings of two G. Hours later, Ricky Dubose and Donnie Rowe , were face down on a concrete driveway with their hands bound behind their backs.

Urge Republican senators to oppose secret health care bill The aide spoke on condition of anonymity because he was not authorized to openly discuss the plans. Senators, even those close to McConnell, say they haven't seen actual legislative text .

Iran fires rockets in 'revenge' at Islamic State in Syria It is a derivative of the Fateh-110 missile, and was first test-fired in 2016, and has been featured in Iranian military parades. Terzi said that the United States is finally doing its part and now is the time for policymakers in Europe to do the same.

Comparing Microsoft XBOX One X vs Nintendo Switch vs Sony PS4 Pro At $249, Spencer says he expects to sell more Xbox One S models than the $499 high-end Xbox One X . However, the Xbox One X is a much more powerful console - with 6 teraflops of graphical power.

White House Considering New Role for Spicer, Bringing in New Spokesperson Sarah Huckabee Sanders, who has filled in for Spicer on occasion, reportedly is not interested in the job. Spicer has served as press secretary since January when President Donald Trump was sworn into office.

Donald Trump has no intention of firing Robert Mueller: White House Trump advisors and conservative pundits including Newt Gingrich and Ann Coulter have called for Mueller's removal. If Mueller knew he was going to be named special counsel, it is unlikely he divulged that information to Trump.

McCartney, Rowling promoted in the queen's Birthday Honours Comedian Billy Connolly was given a knighthood and actress Julie Walters was made a dame in this year's Queen's Birthday Honours. Pioneering cardiologist Professor Mahendra Varma has been awarded an OBE for his services to cardiology.

George committed to playing for Pacers in 2017-18 However, by mentioning that he wants to go to the Lakers, it's unlikely that the Pacers will be able to trade him. The Lakers can sign George to a four-year max deal worth $130 million, which they plan to offer him.

Top LeT terrorist Junaid Mattoo killed in J&K encounter As a result of the casualties, the separatists called for a protest shutdown and authorities imposed section 144 in south Kashmir. An Indian police officer detains a Kashmiri protester in Srinagar , Indian controlled Kashmir, Friday, June 16, 2017.

Expansion draft: Panthers protect Bjugstad, leave Marchessault, Smith, Luongo up for grabs Each team had the option to protect either seven forwards , three defensemen , and a goalie, or eight skaters and a goalie. Francis didn't say what his plans might be, saying, "We'll just see where we are and what happens" in the expansion draft.

North Korea says it has tested new anti-ship missile North Korea's military just completed testing on what it claims is a precision-guided munition (PGM). The same year, South Korea said that it had found three alleged North Korean drones in border towns.

SCOTUS Rules in Favor of Free Speech

Recommended