"The Supreme Court apparently thinks the question is more complicated, as it agreed this month to hear the government’s appeal.
If nothing else, the court can use Mr. Brunetti’s case to sort out just
what it meant to say in the 2017 decision, which ruled for an
Asian-American dance-rock band called the Slants. (The decision also
effectively allowed the Washington Redskins football team to register
its trademarks.)
The justices were
unanimous in ruling that the prohibition on disparaging trademarks
violated the First Amendment. But they managed to split 4 to 4 in most
of their reasoning, making it hard to analyze how the decision applies
in the context of the ban on scandalous terms."
