My tentative view is that the general exclusion of marks that disparage persons, institutions, beliefs, or national symbols should be seen as unconstitutional. Trademark registration, I think, is a government benefit program open to a wide array of speakers with little quality judgment. Like other such programs (such as broadly available funding programs, tax exemptions, or access to government property), it should be seen as a form of “limited public forum,” in which the government may impose content based limits but not viewpoint based ones.
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Recently, NPR aired a discussion about culturally insensitive language in which, with all solemn seriousness, the word was condemned as racially detrimental because for blacks it evoked the history of the master slave relationship in antebellum America. Proposals were made to find culturally benign euphemisms for the word. For instance, master bedroom would be replaced by main bedroom..
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