On Monday, the Supreme Court ruled that a law denying federal trademark protection to names deemed disparaging is unconstitutional. Justice Samuel Alito wrote in the unanimous decision that “it offends a bedrock First Amendment principle: speech may not be banned on the ground that it expresses ideas that offend.”
The suit was brought by the Portland dance-rock band The Slants, a group of Asian-American musicians who have taken their name from an ethnic slur and worn it with pride. The musicians sued because when they tried to register trademark for their name, the US Patent and Trademark Office said, “The Slants? No no no no no no."
Bob spoke to the founder of The Slants, Simon Tam, exactly 2 years ago, when the band had just lost its appeal at the Federal Circuit Court.
