Free speech: U.S. Supreme Court to rule on ‘The Slants’ trademark case

The Asian-American band called The Slants will go to the U.S. Supreme Court to seek trademark protection against the federal trademark office that refused its application citing federal law against approving trademarks denigrating races or nationalities. The government asked the high court to review the Federal Circuit Court ruling for The Slants. The band wants to retain the name to “own” the stereotype in defiance of those who use the name against them. A judge in the Federal Circuit, wrote in dissent that it was curious that a rule in effect for 70 years could be now declared unconstitutional. (Courthouse News Service, September 29, 2016, by Barbara Leonard)

In ruling for The Slants, the Federal Circuit Court of Appeals made a number of points including, 1. denial of the trademark discourages people from making disparaging trademarks, creating a result that the government could not effect directly; 2. the government would be engaging in viewpoint discrimination; 3. the trademark was private rather than government speech since the act of registration does not make the government vested in the trademark. (The Washington Post, September 29, 2016, by Eugene Volokh)