Neil Gorsuch may not realize it, but he’s suddenly skyrocketed to prominence not just for being nominated to be the next Justice of the Supreme Court, but also for being the embodiment of the “get government off my back” mindset that’s dear to many Republicans and Libertarians. Continue reading Judge Gorsuch – De Facto Champion of the ‘Leave Me the Hell Alone’ Movement
What does Buddha Beachwear, the rock band The Slants, the NFL’s Washington Redskins, and the lesbian motorcycle club “Dykes on Bikes” have in common? All either have or will take on the federal government regarding the feds denying certain organizations or groups trademarking the names they choose to identify themselves as.
As reported by Kevin Daley of The Daily Caller, it’s the government’s Patent and Trademark Office that decides if any given trademark registration request is offensive or disparaging to any given person, community, or institution.
The latest tussle brought before the Supreme Court was brought forward by bass guitar player Simon Shiao Tam of the Portland, Oregon rock band The Slants. The Patent and Trademark Office had denied the group’s application to legally lay claim the band’s name, but were turned down on the grounds the name “could give offense to Asians.”
Ironically, the band is comprised entirely of Americans of East Asian lineage.
As reported by The Daily Caller;
The U.S. Supreme Court will decide whether a federal law banning the registration of offensive or disparaging trademarks violates the First Amendment.
The case has major implications for the Washington Redskins, whose trademark was stripped by the Patent and Trademark Office (PTO) and a federal judge last year. The judge concluded that the team name was offensive to Native Americans.
The challenge to the 1946 Lanham Trademark Act, which prohibits the registration of a trademark which “may disparage” a person, community, or institution was brought by Simon Shiao Tam, bass-player for Chinatown dance rock band The Slants. The PTO denied the band’s request for a trademark, finding their name could give offense to Asians. The band is composed exclusively of Asian Americans.
The U.S. Court of Appeals for the Federal Circuit, an appeals court which hears patent and trademark cases, found in Tam’s favor last year.
“A wise old woman and a wise old man will reach the same conclusion.” – Justice Sandra Day O’Connor, 1991
Despite nominees to the third branch of government consistently testifying before Senate confirmation hearings promising in their most convincing voice that they could separate their personal feelings from the legal facts placed before them when it came to rendering decisions, Justice Ginsburg may have tipped her hand concerning the hot-button topic of gender politics. As reported by Yahoo! News on July 31, 2014, and also by the Cybercast News Service on Aug. 1, 2014, Ginsburg more than slightly alluded that due to gender, the five male justices who formed the majority opinion in the recent Hobby Lobby case are somehow incapable of rendering a correct judicial decision regarding members of the opposite sex. Continue reading Ginsburg ignores the judicial women who sided with ‘the five male justices’