The Supreme Court ruled Monday that a law that prohibits the government from registering trademarks that “disparage” others violates the First Amendment, a decision that could impact the Washington Redskins’ efforts to hang on to its controversial name.
Justice Samuel A. Alito Jr. delivered the opinion for a largely united court. He said the law could not be saved just because it evenhandedly prohibits disparagement of all groups.
“That is viewpoint discrimination in the sense relevant here: Giving offense is a viewpoint,” Alito wrote.
He added that the disparagement clause in the law “offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
All of the participating justices — Neil M. Gorsuch was not on the court when the case was argued — joined that part of Alito’s opinion. Four justices peeled off from parts of the opinion where they say Alito opined on more than what was needed to decide the case.
