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US U.S. top court says law banning disparaging trademarks is unconstitutional

17:41  19 june  2017
17:41  19 june  2017 Source:   reuters.com

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Writing for the court , Justice Samuel Alito did not mince words in ruling that the decades-old trademark provision is unconstitutional . The Supreme Court also ruled on another free speech case on Monday, striking down a North Carolina law banning convicted sex offenders from Facebook and

U . S . Supreme Court on Monday threw out a federal prohibition on disparaging trademarks as a is unconstitutional .“It offends a bedrock First Amendment principle: Speech may not be banned on The band’s lawyers argued that the government cannot use trademark law to impose burdens on

FILE - In this April 4, 2017, file photo, the Supreme Court Building is seen in Washington. In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political. A dispute over Wisconsin’s Republican-drawn boundaries for the state legislature offers Democrats some hope of cutting into GOP electoral majorities across the United States.(AP Photo/J. Scott Applewhite, File)© The Associated Press FILE - In this April 4, 2017, file photo, the Supreme Court Building is seen in Washington. In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political. A dispute over Wisconsin’s Republican-drawn boundaries for the state legislature offers Democrats some hope of cutting into GOP electoral majorities across the United States.(AP Photo/J. Scott Applewhite, File) The U.S. Supreme Court ruled on Monday that a law forbidding official registration of offensive trademarks unconstitutionally limits free speech in a case involving a band called The Slants, an outcome the government has said could lead to a proliferation of racial slurs as sanctioned trademarks.

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WASHINGTON The U . S . Supreme Court ruled on Monday that a law forbidding official registration of offensive trademarks unconstitutionally The team filed a legal challenge to a 2014 decision by U . S . Patent and Trademark Office tribunal canceling its trademarks as disparaging to Native Americans.

In a decision that could benefit the NFL's Washington Redskins, the U . S . Supreme Court on Monday threw out a federal prohibition on disparaging trademarks as a constitutional violation in a major free speech ruling involving a band called The Slants. The court ruled 8-0 in favor of the Portland.

The court ruled in favor of Portland, Oregon-based Asian-American dance rock band The Slants, which had been denied a trademark because the government deemed the name disparaging to people of Asian descent. The band challenged the rejection as a violation of free speech rights under the U.S. Constitution's First Amendment, winning at the appeals court level before the government appealed to the high court.

The ruling is expected to have a direct impact on another high-profile case involving the National Football League's Washington Redskins. The team filed a legal challenge to a 2014 decision by U.S. Patent and Trademark Office tribunal canceling its trademarks as disparaging to Native Americans.

After the government rejected The Slants request, band frontman Simon Tam appealed to the U.S. Court of Appeals for the Federal Circuit in Washington, which in 2015 ruled that the so-called disparagement provision of the 1946 law governing trademarks ran afoul of the Constitution's guarantee of free speech.

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By Andrew Chung. WASHINGTON (Reuters) - In a decision that could benefit the NFL's Washington Redskins, the U . S . Supreme Court on Monday threw out a federal prohibition on disparaging trademarks as a constitutional violation in a major free speech ruling involving a band called The

Writing for the court , Justice Samuel Alito did not mince words in ruling that the decades-old trademark provision is unconstitutional . The Supreme Court also ruled on another free speech case on Monday, striking down a North Carolina law banning convicted sex offenders from Facebook and

Tam has said he chose to call the band The Slants to reclaim a term some consider a derogatory reference to Asian people's eyes, and wear it as a "badge of pride." The band's lawyers have argued that the government cannot use trademark law to impose burdens on free speech to protect listeners from offense.

The federal government, which appealed the appeals court ruling, said in court papers that the government should not be required to approve trademarks "containing crude references to women based on parts of their anatomy; the most repellent racial slurs and white-supremacist slogans; and demeaning illustrations of the prophet Mohammed and other religious figures." (Reporting by Andrew Chung; Editing by Will Dunham)

RELATED VIDEO:  Asian-American Rock Band Denied Trademark For 'Disparaging' Name (provided by CBS News)

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U.S. top court backs church in key religious rights case .
<p>The U.S. Supreme Court on Monday sided with a church that objected to being denied public money in Missouri, potentially lessening America's separation of church and state by allowing governments more leeway to fund religious entities directly.</p>The justices, in a 7-2 ruling, found that Missouri unlawfully prevented Trinity Lutheran Church access to a state grant program that helps nonprofit groups buy rubber playground surfaces made from recycled tires.

Source: http://us.pressfrom.com/news/us/-60312-u-s-top-court-says-law-banning-disparaging-trademarks-is-unconstitutional/

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