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 … - Marc Randazza

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.

Speech is presumptively protected. And, while there were decisions at one time that prohibited speech that had the tendency to produce negative results, those were thoroughly wiped away in 1969 in the landmark case, Brandenburg v. Ohio.

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.