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That alone raises the possibility that a limiting construction might be appropriate. And applying that interpretation seems a reasonable way—perhaps the only way—to further legitimate government interests. The upshot of this analysis is that the narrowing construction articulated by Justice Sotomayor risks some harm to First Amendment interests, but not very much. the Supreme Court struck down a similar provision of the Lanham Act barring “immoral or scandalous” marks as facially invalid, 9× 9. Registration follows. We reaffirm that principle today.Justice Breyer, concurring in part and dissenting in part.Freedom of speech is a cornerstone of our society, and the First Amendment protects Brunetti’s right to use words like the one at issue here. “Always be cruel”? This facial viewpoint bias in the law results in viewpoint-discriminatory application. Or again, when it is “opposed to or violating morality”; or “morally evil.” Shorter Oxford English Dictionary 961 (3d ed. Brunetti brought a First Amendment challenge to the “immoral or scandalous” bar in the Federal Circuit, which invalidated the provision.The word “scandalous” on its own, then, is ambiguous: It can be read broadly (to cover both offensive ideas and offensive manners of expressing ideas), or it can be read narrowly (to cover only offensive modes of expression). But this Court cannot accept the Government’s proposal, because the statute says something markedly different. In any event, I do not believe that this risk alone warrants the facial invalidation of this statute.Justice Sotomayor, with whom Justice Breyer joins, concurring in part and dissenting in part.Brunetti then brought a facial challenge to the “immoral or scandalous” bar in the Court of Appeals for the Federal Circuit. on writ of certiorari to the united states court of appeals for the federal circuit [June 24, 2019] Justice Kagan delivered the opinion of the Court.
Iancu v. Brunetti (Decision June 24, 2019) Argument: April 15, 2019. The PTO has refused to register marks communicating “immoral” or “scandalous” views about (among other things) drug use, religion, and terrorism. The US Supreme Court has handed down its ruling in Iancu v Brunetti, holding that the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks violates the First Amendment. 1949).
See Tr. Put the pair of overlapping terms together and the statute, on its face, distinguishes between two opposed sets of ideas: those aligned with conventional moral standards and those hostile to them; those inducing societal nods of approval and those provoking offense and condemnation.
That alone raises the possibility that a limiting construction might be appropriate. And applying that interpretation seems a reasonable way—perhaps the only way—to further legitimate government interests. The upshot of this analysis is that the narrowing construction articulated by Justice Sotomayor risks some harm to First Amendment interests, but not very much. the Supreme Court struck down a similar provision of the Lanham Act barring “immoral or scandalous” marks as facially invalid, 9× 9. Registration follows. We reaffirm that principle today.Justice Breyer, concurring in part and dissenting in part.Freedom of speech is a cornerstone of our society, and the First Amendment protects Brunetti’s right to use words like the one at issue here. “Always be cruel”? This facial viewpoint bias in the law results in viewpoint-discriminatory application. Or again, when it is “opposed to or violating morality”; or “morally evil.” Shorter Oxford English Dictionary 961 (3d ed. Brunetti brought a First Amendment challenge to the “immoral or scandalous” bar in the Federal Circuit, which invalidated the provision.The word “scandalous” on its own, then, is ambiguous: It can be read broadly (to cover both offensive ideas and offensive manners of expressing ideas), or it can be read narrowly (to cover only offensive modes of expression). But this Court cannot accept the Government’s proposal, because the statute says something markedly different. In any event, I do not believe that this risk alone warrants the facial invalidation of this statute.Justice Sotomayor, with whom Justice Breyer joins, concurring in part and dissenting in part.Brunetti then brought a facial challenge to the “immoral or scandalous” bar in the Court of Appeals for the Federal Circuit. on writ of certiorari to the united states court of appeals for the federal circuit [June 24, 2019] Justice Kagan delivered the opinion of the Court.
Iancu v. Brunetti (Decision June 24, 2019) Argument: April 15, 2019. The PTO has refused to register marks communicating “immoral” or “scandalous” views about (among other things) drug use, religion, and terrorism. The US Supreme Court has handed down its ruling in Iancu v Brunetti, holding that the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks violates the First Amendment. 1949).
See Tr. Put the pair of overlapping terms together and the statute, on its face, distinguishes between two opposed sets of ideas: those aligned with conventional moral standards and those hostile to them; those inducing societal nods of approval and those provoking offense and condemnation.