Supreme Court ruling on 'disparagement clause' means Washington Redskins are likely to keep their name
In a unanimous ruling on Monday, the Supreme Court decided that the government cannot refuse to register trademarks that disparage "individuals, institutions, beliefs, or national symbols," Politico reports. The case centered on an Asian-American rock band that calls itself "The Slants"; the U.S. Patent and Trademark Office had refused to register the name, citing a 71-year-old federal "disparagement clause" that was ultimately found to be in violation of the First Amendment.
"The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates," wrote Justice Samuel Alito. "If affixing the commercial label permits the suppression of any speech that may lead to political or social 'volatility,' free speech would be endangered,” he wrote.
In addition to having potentially amusing consequences, the ruling could also "doom legal challenges to other trademarks many consider offensive, such as that for the Washington Redskins football team," Politico adds. The Redskins trademark was canceled in 2014 on grounds that it too is disparaging, in that case of Native Americans. Read more about The Slants' case and what the ruling could mean for the Redskins' trademark at The Week.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
-
7 drinks for every winter need possible
The Week Recommends Including a variety of base spirits and a range of temperatures
By Scott Hocker, The Week US Published
-
'We have made it a crime for most refugees to want the American dream'
Instant Opinion Opinion, comment and editorials of the day
By Anya Jaremko-Greenwold, The Week US Published
-
Was the Azerbaijan Airlines plane shot down?
Today's Big Question Multiple sources claim Russian anti-aircraft missile damaged passenger jet, leading to Christmas Day crash that killed at least 38
By Harriet Marsden, The Week UK Published
-
Judges block $25B Kroger-Albertsons merger
Speed Read The proposed merger between the supermarket giants was stalled when judges overseeing two separate cases blocked the deal
By Peter Weber, The Week US Published
-
Rupert Murdoch loses 'Succession' court battle
Speed Read Murdoch wanted to give full control of his empire to son Lachlan, ensuring Fox News' right-wing editorial slant
By Peter Weber, The Week US Published
-
Bitcoin surges above $100k in post-election rally
Speed Read Investors are betting that the incoming Trump administration will embrace crypto
By Peter Weber, The Week US Published
-
Enron mystery: 'sick joke' or serious revival?
Speed Read 23 years after its bankruptcy filing, the Texas energy firm has announced its resurrection
By Peter Weber, The Week US Published
-
US charges Indian tycoon with bribery, fraud
Speed Read Indian billionaire Gautam Adani has been indicted by US prosecutors for his role in a $265 million scheme to secure solar energy deals
By Peter Weber, The Week US Published
-
Boeing machinists approve contract, end strike
Speed Read The company's largest union approved the new contract offer, ending a seven-week strike
By Peter Weber, The Week US Published
-
US economy still strong in final preelection report
Speed Read It grew at a solid 2.8% annual rate from July through September
By Peter Weber, The Week US Published
-
Boeing machinists reject deal, continue strike
Speed Read The rejection came the same day Boeing reported a $6.2 billion quarterly loss
By Peter Weber, The Week US Published