This just in: this morning the Supreme Court ruled unconstitutional the long-standing statutory law preventing the registration of immoral or scandalous trademarks. In doing so, they vindicated the free speech rights of a gentlemen who wants to sell clothing branded with “FUKT” trademark. (You can buy the T-shirts on amazon.com—available in men’s, women’s, and “youth” sizes. I will hazard the guess that the latter are the best sellers.)
I have not read the opinion or thought deeply about the constitutional issues, nor do I propose to do so. But two quick points.
One, even if he couldn’t brand his clothing as the FUKT brand, the gentlemen in question could still sell his clothes under some other brand label of his choosing, lettered with all the swear words he liked. It’s just that, without the trademark, he couldn’t enlist the government’s help in protecting himself from counterfeit FUKT brand garments.
Two, don’t you think our national discourse is already course enough as it is?