Barrett signaled 'a growing rift among the originalists on the court' in her concurring opinion in Vidal v. Elster.
Conservative Supreme Court Justice Amy Coney Barrett revealed a 'growing rift' on the Court, says legal analyst Tom Wolf.The Court unanimously ruled against petitioner Steve Elster on June 13 in Vidal v. Elster, which analyzed trademark law and the First Amendment.Elster wanted to register the phrase 'TRUMP TOO SMALL' for use on T-shirts and other apparel starting in 2018 without first obtaining former President Donald Trump's consent. The U.S.
'While Barrett agreed with the majority opinion, she did not agree with some of Thomas' reasoning, writing in a concurring opinion: 'The Court claims that 'history and tradition' settle the constitutionality of the names clause, rendering it unnecessary to adopt a standard for gauging whether a content-based trademark registration restriction abridges the right to free speech. That is wrong twice over.
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Ask Amy: Amy’s favorite prank happens in “The Room”Joe Nguyen is a digital strategist for The Denver Post. Previously he was the online prep sports editor. Prior to that, he covered Adams County and Aurora in the YourHub section. He has previously covered Colorado’s Asian-American communities as editor for Asian Avenue magazine and AsiaXpress.com.
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