Freedom of speech versus the government's right not to trademark what it finds 'immoral' or 'scandalous.'
Freedom of speech versus the government's right not to trademark what it finds "immoral" or "scandalous."
The trademark office considers a name to be scandalous if it is"shocking to the sense of truth, decency, or propriety" or"disgraceful, offensive, disreputable." Federal courts have said the prohibition also applies to terms that are"vulgar, lacking in taste, indelicate, and morally crude."Charley Gallay / Getty Images for RVCA file
That decision was a victory for the Asian-American leader of a Portland dance-rock band who wanted to call his group"The Slants." The Supreme Court said speech that demeans is hateful, but that the First Amendment protects even the thoughts that we hate. The ruling was also hailed by the NFL's Washington Redskins, whose application for a trademark had been rejected on the grounds that it was demeaning to Native Americans.
The administration also said the trademark law does not violate the First Amendment because it is not a restriction on offensive ideas. Instead it its aimed at an offensive means of expressing whatever thought the company wishes to convey, government lawyers say.
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