Federal Government Cannot Prohibit “FUCT” Trademark

You may remember the Supreme Court case from last summer in which the high court unanimously agreed that the Federal Government could not prohibit an all-Asian-American band from trademarking its band name, “The Slants.”  The Court struck down as unconstitutional the law that prohibits “disparaging” trademarks.  We noted earlier that the same federal law also prohibits “scandalous”… Read More Federal Government Cannot Prohibit “FUCT” Trademark

Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination

Much has been written about parents that refuse to vaccinate their children.  But as far as we know, this is the first time that the First Amendment has come up. Michigan requires that children be vaccinated.  But like almost every other state, Michigan provides waivers from the vaccination requirement if parents have religious objections.  A… Read More Michigan Anti-Vaxxer Told that Her Catholic Faith Does Not Oppose Vaccination

Montana’s Campaign Contribution Limits Upheld

This is another post-Citizens United challenge to campaign-finance laws. In 1994, voters in Montana passed a state initiative known simply as “Initiative 118,” which altered limits on campaign contributions in state elections.  These changes included reducing the amount of money individuals and PACs could contribute to candidates (direct contributions) and increasing the amount of money… Read More Montana’s Campaign Contribution Limits Upheld

Connecticut Man’s Threat to Younger Brother Not Protected

In Danbury, Connecticut, about 60 miles northwest of Manhattan, Michael Pelella (31) and his little brother (22) lived at their mom’s house.  When Pelella’s little brother said that he wanted to move up to the attic, Pelella objected—purportedly because Pelella had some of his stuff up in the attic.  Pelella allegedly told his little brother,… Read More Connecticut Man’s Threat to Younger Brother Not Protected

Ohio Okay to Require Disclosure of HIV-Positive Status Before Sex

Orlando Batista had sex with his girlfriend and did not tell her that he was HIV positive, which he knew that he was.  Two months later, she learned from one of his family members  that he had HIV.  Unsurprisingly, she was not happy.  That’s when the police got involved.  Batista was charged with felony assault… Read More Ohio Okay to Require Disclosure of HIV-Positive Status Before Sex