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Supreme Court rules banning of offensive names and trademarks unconstitutional
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Posted 6/19/17 , edited 6/19/17
So a win for the First Amendment again... It was a unanimous decision.


“The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates. If affixing the commercial label permits the suppression of any speech that may lead to political or social ‘volatility,’ free speech would be endangered,” he wrote.


http://www.foxnews.com/politics/2017/06/19/supreme-court-rules-trademark-law-banning-offensive-names-is-unconstitutional.amp.html

It's sad that we need constant reminding but that's the world we live in.
runec 
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Posted 6/19/17 , edited 6/22/17
On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.

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Posted 6/19/17 , edited 6/19/17
Though I haven't thought about it in detail, I approve of the decision (and almost certainly would if I did think about it). Though I'm somewhat disappointed that the case wasn't called Slants v. U.S.. Maybe they can make that their next album.


MysticGon wrote:

It's sad that we need constant reminding but that's the world we live in.


Eh; the space of possible things in this world we could be sad about is pretty large, and I think this is pretty far down on the list. Though I agree freedom of speech (and freedom in general) is important.
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Posted 6/19/17 , edited 6/19/17

runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



So? They have the freedom to be a bigot and you have the freedom to shop somewhere else. Ties into another issue I have with money = validation but that's another topic altogether.
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Posted 6/19/17 , edited 6/19/17

runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



That's how it has to be though.

The problem is, as I"m sure is pretty obvious by now, what is and isn't "offensive" is subjective. So you cannot make fair rules for what is and isn't banned for being "offensive".

For example take some of those atheists who get offended by the mere mention of god. They try to start a riot if you so much as use jesus's figure in public. But obviously people should be allowed to express their religion no matter how many anti-religious nut jobs cry.

Then there is the flip side to with religious people getting upset over symbolism of any religion besides their own.

Or what about femanists who are offended by sexy women in videogames?


People can be offended by ANYTHING so if you make it okay to ban things just because it "offends" some people then nothing is safe anymore.
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Posted 6/19/17 , edited 6/19/17
Thank capitalism baby!
I'd much rather have a company in control of what it makes instead of the government.
If people really don't like something because it's offensive, then the product will flop naturally. But if the government decides what is and is not allowed, then people have no real say in what they do and don't want to make or buy.
After all, if this passed, what's not to say guns will be targeted next. I still want a good little 9mm handgun in this batshit crazy world we live in. It sure is better protection against extremists who are already armed with at least melee weapons. I'd like not only equal, if not superior footing in a confrontation, but also some distance between me and them too.
Posted 6/19/17 , edited 6/19/17
TIL there was an asian american dance-rock band called 'The Slants'

qwueri 
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Posted 6/19/17 , edited 6/19/17
It'll be interesting to see how people use this ruling. An uptick in defamatory copyrights perhaps?
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Posted 6/19/17 , edited 6/19/17

Metazoxan wrote:


runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



That's how it has to be though.

The problem is, as I"m sure is pretty obvious by now, what is and isn't "offensive" is subjective. So you cannot make fair rules for what is and isn't banned for being "offensive".

For example take some of those atheists who get offended by the mere mention of god. They try to start a riot if you so much as use jesus's figure in public. But obviously people should be allowed to express their religion no matter how many anti-religious nut jobs cry.

Then there is the flip side to with religious people getting upset over symbolism of any religion besides their own.

Or what about femanists who are offended by sexy women in videogames?


People can be offended by ANYTHING so if you make it okay to ban things just because it "offends" some people then nothing is safe anymore.


^^^
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Posted 6/19/17 , edited 6/19/17

runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



So? Let them. I doubt "hanging niggers muffler shop" will stay in business for long. Would you go to that place?
runec 
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Posted 6/19/17 , edited 6/22/17
Really, guys?

You're jumping on me for merely pointing out someone might open KKK Brake & Muffler?



qwueri wrote:
It'll be interesting to see how people use this ruling. An uptick in defamatory copyrights perhaps?


Which is what I was referring too, yes. The ruling essentially shifts the onus onto the public and the public contains assholes. It'll only take one butthole somewhere to take this to the extreme and cause an uproar in his or her community. Which will spill out into the national media and then we'll see the usual dog & pony show.
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Posted 6/19/17 , edited 6/20/17

runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



Unfortunately, preserving the RIGHT to be able to do that is more important than the single action. It could be any group vocalizing dissent, and the ABILITY to do so is of the utmost importance to preserve.

The KKK can march down the street and be protected by the police in doing such (in as much as they do not inflict violence or infringe upon the right of expression to others), and the next week we could hold a celebration of black history in equal regard.

The bigger problem is that there are less and less avenues for the ability to freely express ones self due to the pursuit of monetization.

Social media is constantly censoring for the sake of monetization. Corporate media companies are taking sides and censoring their opposing ideas under the guise that it is ok to deny service to those that oppose common opinion. It's no different that refusing to bake a gay couple a cake, or denying black people service inside a restaurant.

As a moderate classical liberal, even hate groups deserve their freedom of speech, lest we become the intolerant monsters we fear.
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Posted 6/19/17 , edited 6/19/17

Rujikin wrote:


runec wrote:

On one hand, good.

On the other hand, I can see some idiot missing the nuance in the ruling and go full KKK for his new brake & muffler shop.



So? Let them. I doubt "hanging niggers muffler shop" will stay in business for long. Would you go to that place?


Which is why such things don't happen or hold as much power as people think. It's only when you deny someone's ability to do such that they gain sympathy and you become the oppressor.
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Posted 6/19/17 , edited 6/19/17

MysticGon wrote:

So? They have the freedom to be a bigot and you have the freedom to shop somewhere else. Ties into another issue I have with money = validation but that's another topic altogether.



Thank you.
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