Showing posts with label Samuel Alito. Show all posts
Showing posts with label Samuel Alito. Show all posts

Monday, July 29, 2024

Voting rights at risk after Supreme Court makes it harder to challenge racial gerrymandering

  Two recent Supreme Court rulings on congressional redistricting will have starkly different consequences for Black voters in the 2024 election.

  One ruling boosted Black voting power in Louisiana, while another decision upheld a South Carolina congressional map that the lower court had declared “illegal racial gerrymandering.”

  Despite these seemingly contradictory outcomes, there is a through line.

Wednesday, July 10, 2019

Supreme Court’s decision in vulgar trademark case affirms core principles

  The Supreme Court’s recent decision in Iancu v. Brunetti (2019), striking down a provision of federal trademark law barring the registration of “immoral or scandalous” trademarks, affirms fundamental First Amendment principles. These fundamental principles concern viewpoint discrimination and overbreadth.

  To recap, the court addressed the trademark provision in the case of Erik Brunetti, an artist and entrepreneur who founded a clothing line named FUCT. The name obviously bears a close resemblance to a profanity.

Monday, June 26, 2017

Gene Policinski: Why protect speech we don’t want to hear? We need to hear it

  We periodically test and retest the limits of free speech — in effect, revisiting the legal and societal implications of that old childhood refrain, “sticks and stones may break my bones, but words will never hurt me.”

  Recently, free speech has been winning…even when it hurts, as surely it sometimes does.

  Last week, the U.S. Supreme Court said a Seattle rock band called “The Slants” had a right to register its name over the objections of the Patent and Trademark Office.

Saturday, June 24, 2017

Supreme Court rules that trademark laws can’t discriminate based on viewpoint

  The most fundamental of all free-speech principles took center stage earlier this week when the U.S. Supreme Court unanimously ruled 8-0 in Matal v. Tam that a federal trademark law prohibiting disparaging trademarks violated the First Amendment. The fundamental principle is that the government should not engage in viewpoint discrimination.

  This principle trumped another concept in free-speech law – the government speech doctrine. Under this doctrine, the government has its own free-speech interests and can further its own viewpoints without having to support other viewpoints.

Tuesday, October 22, 2013

Steve Flowers: Inside the Statehouse: Summer of SCOTUS

  During the summer the U.S. Supreme Court rendered two significant rulings. They were quite different philosophically.

  The high tribunal, in a far-reaching landmark decision, rendered same sex marriage legal in America. By granting all legal rights to same sex marriage they gave credence and official sanction to these unions. Their decisions are the law of the land. This is a significant verdict. The Supreme Court is omnipotent. Therefore, when it comes to federal benefits, such as Social Security, state laws like Alabama’s that prohibit same sex marriage are irrelevant. If a gay couple that was married in Connecticut moves to Alabama they are officially married.

Friday, May 3, 2013

Sally Steenland: The Ever-evolving institution of marriage

  The connection between marriage equality and cell phones is not immediately apparent, but Justice Samuel Alito made the link during a Supreme Court argument on California’s Proposition 8 in March.

  As Justice Alito said to Solicitor General of the United States Donald Verrilli:

       Traditional marriage has been around for thousands of years. Same-sex marriage is very new. There isn’t a lot of data about its effect. And it may turn out to be a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet?