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" "If you believe in freedom of expression, you have to believe in it for Nazis, Klansmen, pornographers and anybody else you might find to be objectionable...
Marc Randazza (November 26, 1969), is a First Amendment attorney, a commentator on CNN and Fox News on legal matters, and the editor of the law blog The Legal Satyricon.
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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.
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.
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