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 ca… - Marc Randazza

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.

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.

You can not take something that an artist created during the creative process, and then discarded, and say it is an authentic work of that artist.