Editorial: Win for 1st Amendment – Boston Herald

An Asian-American rock group with an edgy name can now trademark that name thanks to the U.S. Supreme Court, which struck a blow for the First Amendment and against federal bureaucrats consumed by political correctness.

In an 8-0 ruling this week, the high court found that the disparagement clause used by the U.S. Patent and Trademark Office to deny trademark protection for the Oregon-based band The Slants is quite simply unconstitutional.

The band, of course, can call itself anything it wants, but without trademark protection couldnt safeguard its rights for, say, T-shirts or other items after the patent office found the name offensive. Theyve been fighting this lunatic ruling since 2011

Justice Samuel Alito, writing for the court, found, The clause reaches any trademark that disparages any person, group, or institution. It applies to trademarks like the following: Down with racists, Down with sexists, Down with homophobes. It is not an anti-discrimination clause; it is a happy-talk clause. In this way, it goes much further than is necessary to serve the interest asserted.

Dont you wonder if those ubiquitous Yankees Suck T-shirts were ever covered?

Alito also noted, It offends a bedrock First Amendment principle: Speech may not be banned on the grounds that it expresses ideas that offend.

Also cheering the ruling were the Washington Redskins, whose appeal of a similar 2014 ruling has been awaiting action on this case.

Redskins owner Dan Snyder has insisted the team name represents honor, respect and pride for Native Americans. Those who disagree are free to not buy tickets or T-shirts and to exercise their own First Amendment rights. They just cant have overreaching government bureaucrats fighting their battles for them.

Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar grounds is hateful, Alito wrote, but the proudest boast of our free speech jurisprudence is that we protect the freedom to express the thought we hate.

And thank goodness for that!

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Editorial: Win for 1st Amendment - Boston Herald