2/12/2023 0 Comments Paradox of tolerance meme![]() Justice Kagan’s majority opinion therefore did not need to answer the question of whether Congress could simply ban vulgar and sexually explicit trademarks, or trademarks involving racial epithets, as bans on the mode of expression instead of the underlying viewpoint. A ban on immoral and scandalous trademarks impermissibly denies a government benefit based on viewpoint - the substance of ideas, not only the mode of expression. This means that the Patent and Trademark Office (PTO) cannot deny a trademark to Erik Brunetti’s FUCT clothing line simply because it is immoral or scandalous. Brunettithat a federal statute barring “immoral or scandalous” trademarks violates the First Amendment. ![]() The Supreme Court decided today in Iancu v. ![]()
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