Say what you want. At least according to The Supreme Court which struck down a federal ban on “scandalous” and “immoral” trademarks.

Specifically, the Supreme Court ruled today to ban certain lewd or inappropriate trademarks was a violation of the First Amendment. The specific case reviewed by the Supreme Court was based on Los Angeles clothing brand “FUCT.” Justice Kagan wrote the opinion and stated the law prohibiting  “scandalous” trademarks “infringes the First Amendment because it disfavors certain ideas.” Justice Alito highlighted that “a law banning speech deemed by government officials to be ‘immoral’ or ‘scandalous’ can easily be exploited for illegitimate ends.”

We have a right to express ourselves as we see fit, which is ultimately what the Supreme Court ruled this morning. The First Amendment states that “congress shall make no law abridging the freedom of speech.” Since the federal law applying to “scandalous” trademarks is based on the content of the message, the Court would apply a strict scrutiny level of review. This means the Court would need to find a compelling governmental interest, and the specific law is necessary to achieve this interest by the least restrictive means possible. I agree with the Supreme Court’s decision to strike down the law. The “FUCT” brand does not entice anger or fighting words. The slogan is merely an edgy and clever play on words. People deserve to brand their products in the way they see fit, outside of words or phrases encouraging violence, crime, etc.