Hurtful or not, free speech is free
Intellectual Property Rights
The United States Court of Appeals for the Federal Circuit ruled Section 2(a) of the Lanham (Trademark) Act, 15 U.S.C. Section 1052, preventing the US Patent and Trademark Office from registering disparaging marks, unconstitutional. The case had arisen from the US Trademark Office refusing to register Simon Shao Tam’s musical band, ‘The Slants’ for being a derogatory reference to Asians. The Court opined that the government could not refuse registration of disparaging marks simply because it disapproved of the message contained in the marks: it would amount to viewpoint discrimination, making it a penalty on private speech. Such was contrary to the First Amendment, United States Constitution. The Court noted that regardless hurtfulness of the speech, and the harm it may cause oft-stigmatized communities, it was protected under the First Amendment.
Tags : TRADE MARK FREE SPEECH DISPARAGING HURTFUL
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