Ban on trademarks of racially offensive names is ruled unconstitutional
  • In a victory for freedom of speech, the Supreme Court ruled Monday that a trademark law banning offensive names was unconstitutional, siding with a rock band called The Slants, whose name had been deemed racially insulting by the feds.

    In an 8-0 decision, the court determined the US Patent and Trademark office’s so-called “disparagement clause” violates the First Amendment.

    The case centered on the Oregon-based, Asian-American band, which was denied a trademark because its name was considered offensive.

    The band countered that the 70-year-old law at issue violates free-speech rights — Justice Samuel Alito, who wrote the the court’s opinion, agreed.

    “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. If affixing the commercial label permits the suppression of any speech that may lead to political or social ‘volatility,’ free speech would be endangered,” Alito wrote.

    The band’s victory could be welcome news for the Washington Redskins, which has been waging in its own legal fight over the team’s name, which some people find offensive.