The First Amendment — Fuck yeah!®

In a previous post, I explained how the Supreme Court of the United States vacated the provision in the Lanham Act — which governs American trademark law — prohibiting trademarks that “disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” Such trademarks, the Court determined, express viewpoints, and the First Amendment protects speech from viewpoint discrimination. In a concurring opinion, Justice Anthony Kennedy acknowledged that Matal v. Tam, the case in question, did “not present the question of how other provisions of the Lanham Act should be analyzed under the First Amendment,” but if the Court sticks to its rationale in that case, it will have to extend First Amendment protection to all kinds of strong language, not just slurs but profanity and obscenity, too. I could call my pro-profanity nonprofit advocacy group Express Your Damned Self® and register the name as a trademark because Fuck the Lanham Act® — that’s our slogan— and there’s not a damned thing you or the Patent and Trademark Office could do about it. Continue reading

“Get your shit together”

For a couple of hours last week, a lot of people in the San Francisco area were under the impression that Bay Area Rapid Transit had, well, lost its shit.

“Get your shit together” from a public agency?

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“A feline profanity”: Part 2

In Part 1 of “A Feline Profanity” I asked and answered a few questions about pussy, starting with: How offensive is it, anyway? Pretty fucking offensive when it’s a male epithet. But in other contexts, such as marketing and trademark law, pussy is a bit of a puzzler. Continue reading

Sweary links #15

Celebrating U.S. Thanksgiving next week? Perhaps your guests would enjoy a slice of tofucken, that mischievously named concoction of tofu stuffed with tempeh and seitan. (Hat tip: Barry Popik.)

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Eleven charts that will speak to anyone who really fucking loves swearing. (Hat tip: Mike Pope.)

11charts

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