This is the strangest Supreme Court decision coalition I've ever seen (user search)
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  This is the strangest Supreme Court decision coalition I've ever seen (search mode)
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Author Topic: This is the strangest Supreme Court decision coalition I've ever seen  (Read 649 times)
Mr. Reactionary
blackraisin
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Posts: 17,884
United States


Political Matrix
E: 5.45, S: -3.35

« on: June 25, 2019, 06:34:25 AM »

https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trademark-f-word-soundalike-n1014796

Supreme Court struck down a law banning "indecent" and "scandalous" trademarks in a 6-3 decision thus allowing a trademark to be registered for a clothing line called FUCT. It was: Kagan (writing the decision) with...Gorsuch, Kavanaugh, RBG, Thomas and Alito. Roberts, Sotomayor and Breyer dissented. Never thought I'd see that!

I agree with the decision though.

I would have expected Alito to go the other way.


This, although after the strengthening of the test for any sort of facial content discrimination under the 1st amendment its getting harder to deviate from in opinions like this. Usually its just Breyer dissenting or concurring by pointing to the his awful views that rights are not rights and are only worthy of protection if he personally likes the use of the rights.

Free speech wise Alito does usually advocate for greater protection *other than for porn or animal fighting.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,884
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: June 25, 2019, 01:02:59 PM »

Honestly Sotomayor is usually my favorite justice but her dissent here was just awful. It basically amounts to her thinking that the clothing line name is tasteless and thus not wanting to trademark it.

Thats Breyer's evil, bs understanding of rights ... rights are only protected rights if he personally sees value if the particular exercise of the right on a case by case basis.
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