The government should not be in the business of deciding what is moral, immoral or offensive. The section of the trademark act in question in this case is a leftover from Victorian times, and is used now primarily, I would argue, (and have argued) to promote social agendas with coercive censorship. I do not trust any government to tell me what I can and cannot handle. The marketplace of ideas will do that for us.
American writer
Showing quotes in randomized order to avoid selection bias. Click Popular for most popular quotes.
On the recent hearing in Missoula federal court Marc Randazza and Mat Stevenson represented Andrew Anglin. Mr. Randazza said “I’d like to see my client’s activism defeated in the marketplace of ideas. Whatever the rule you lay down for the Nazi here, you also lay down for the civil rights activist.”
PREMIUM FEATURE
Advanced Search Filters
Filter search results by source, date, and more with our premium search tools.
This [case] looks much more like the purview of the left, at least in the West..." "You see this with people on the right being systematically 'no platformed', not just from media sites, but from YouTube, from Facebook, from Twitter and now from PayPal and Stripe. If any company decides that it doesn't like the kind of thing you have to say, then you are off.
Most might think that in America, you can freely publish what you wish, then (and now) an over-zealous prosecutor can put you on trial simply because the government does not like your art. And, there is no way to know if your content is “obscene” and thus punishable by prison, until after a jury rules that it is so.
Brunetti does not necessarily create an automatic sea-change in the federal trademark registration regime. We will need to see what the USPTO does in the short term in response to the decision. If it allows previously “immoral or scandalous” marks to proceed to registration, then we should expect to see a flood of trademark applications for years' worth of a backlog of improperly-denied registrations. If the USPTO keeps sitting on its hands, however, that rush will likely be delayed until the Supreme Court (if it takes the case) decides the issue.
In diversity cases where there is a conflict between the laws of the states of the parties, the federal court has to determine which state's laws to apply. New York federal courts will use a multi-factor test to determine which state has the "most significant relationship" to the legal dispute, and will use that state's laws.
Some credible scholars say that making mass murderers famous motivates other mass murderers. (One might even argue that this article is part of the problem). Elliot Rodger sent his lengthy diatribe to the media before he went on his killing spree -- correctly predicting that his actions would propel his ideas (such as they were) into the marketplace of ideas on a digital billboard larger than he could ever have enjoyed had he not amplified them with his psychotic rampage. Accordingly, should we not silence him? Wipe his words from the Internet forever? Let him be forgotten?
There is absolutely nothing legally actionable about [Allman's] statement. It is clearly rhetorical hyperbole, which is 100% protected by the First Amendment. I think there would be no legal repercussions should someone write this about Queen Elizabeth or the President or anyone else. Of course, that does not mean that some abject moron of a lawyer wouldn't take the case — and lord knows that Florida [where Hogg lives] has a bumper crop of them. But any lawsuit would be foolish and wouldn't last long.
I don't really care whose free speech it is that is being trampled. I will stand up to protect them, whether it's Randa Jarrar who I find to be one of the most reprehensible human beings in America, whether it's the Nazi party or the KKK, or whether it's the communist party. Every one of them has an equal right to be there and the intellectual texture of America, the strength of America, the idea of America erodes and begins to grow cancer if we don't protect that.