Tag Archives: 1st Amendment

SCOTUS Upholds 1st Amendment


“The disparagement clause violates the First Amendment’s Free Speech Clause,” Justice Samuel Alito wrote in his opinion for the court. Contrary to the Government’s contention, trademarks are private, not government speech.”

Now it is time for other government bodies (looking at you, public universities) to end their prohibitive practices that ban certain words and phrases.

DC Court Rules in Favor of the 1st Amendment

A victory for free speech.

In a ruling that could bolster the Washington Redskins’ legal case to keep the registered trademarks to their name, a federal appeals court struck down part of a law Tuesday that let the government reject trademarks it deemed offensive or disparaging to others.

The United States Court of Appeals for the Federal Circuit in Washington made the ruling in a case involving an Asian-American dance-rock band that sought to register a trademark for its provocative name, the Slants. The court said the First Amendment “forbids government regulators to deny registration because they find the speech likely to offend others.”

Writing for the majority, Kimberly A. Moore, a judge on the appeals court, said: “It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys.”

Growing Number Approve of Government Suppression of Speech

This is a very, very sad and distressing revelation.

Four-in-ten Millennials say the government should be able to prevent people publicly making statements that are offensive to minority groups, while 58% said such speech is OK.

Even though a larger share of Millennials favor allowing offensive speech against minorities, the 40% who oppose it is striking given that only around a quarter of Gen Xers (27%) and Boomers (24%) and roughly one-in-ten Silents (12%) say the government should be able to prevent such speech.

Frankly, I’m ashamed of my generation (Gen X) too. What is clear is that there is growing support for government speech restrictions. I find this kind of talk offensive. I wish the government would prevent people from expressing such views.