New APPS: Art, Politics, Philosophy, Science

Federal Circuit on Disparaging Trademarks: “The Slants”

by Gordon Hull

An important trademark and First Amendment case was decided in the Federal Circuit yesterday. In it, the Court ruled in favor of Simon Tam, who named his band “The Slants.” When he attempted to register the band name as a trademark, the Patent and Trademark Office (PTO) rejected the mark as “disparaging,” arguing that the First Amendment does not allow government to disfavor speech that it disapproves of the message it contains. Per the Court:

“The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks. It cannot refuse to register marks because it concludes that such marks will be disparaging to others. The government regulation at issue amounts to viewpoint discrimination, and under the strict scrutiny review appropriate for government regulation of message or viewpoint, we conclude that the disparagement proscription of § 2(a) is unconstitutional. Because the government has offered no legitimate interests justifying § 2(a), we conclude that it would also be unconstitutional under the intermediate scrutiny traditionally applied to regulation of the commercial aspects of speech.”

The Court thus rules that the PTO needs to allow the mark to be registered (for a quick blogpost, see here). A lot of people think this case has ramifications for whether the Washington "Redskins" should be allowed to keep their trademark registrations (they were canceled by the 4^th Circuit; the Washington Post has a long list of rejected marks here). The conflict between the circuits raises the odds of Supreme Court review.  I wrote about the Redskins case when it came out, and a lot of what I said there applies here. In that post, I expressed some support for the PTO, because I wonder if the case shouldn’t be framed as viewpoint discrimination so much as whether one has a constitutionally protected right to a government subsidy for speech that it does not endorse.  But it's not a comfortable road to travel, as I based my argument on abortion cases, Rust v Sullivan in particular, that I wish were decided the other way.

Is Ancient Greek Philosophy “Western?”

by Gordon Hull

In their critique of Foucault that accompanies their translation of his writings on Iran, Janet Afary and Kevin Anderson accuse Foucault of a certain Orientalism: “indeed, similar to a passionate Romantic, Foucault may have exoticized and admired the East from afar, while remaining a Westerner in his own life” (17). Evidence for this charge is not too hard to find; the most striking may be his assertion in History of Sexuality I that non-Western societies practiced an ars erotica but not a scientia sexualis. In the context of Iran, Foucault’s self-qualification that he’s read “three books” on Shi’ism doesn’t inspire confidence in the person who claims that genealogy requires a “relentless erudition.”

But then there’s this: “in an unusual turn, however, Foucault’s ‘orient’ seems to include the Greco-Roman world as well as the modern Eastern one, since the contrast he draws is primarily between tradition and modernity rather than East and West as such” (Afary and Anderson,18).

Celebrating women in philosophy at UC Davis and elsewhere

This evening I had an opportunity to get together with the other women in my philosophy department at UC Davis, and it caused me to reflect on how far we have come - when I joined the department in 2006, I was the only woman.  Elaine Landry (front center) joined in 2008, followed by Marina Oshana (back right) in 2009.  We stayed that while for awhile, until a recent spate of hires gave us Tina Rulli (front left) in 2014 and Zoe Drayson (back center) and Alyssa Ney (front right) starting just this fall.  We are now 6 full-time women faculty out of 15!  So, I just wanted to take this moment to celebrate, hoping that others have similar stories to tell and that they will share them here.  Please do!