How to Write an Effective Discussion Post

The U.S Supreme Court, on June 24, 2019, decided to strike down a part of the Lanham Act that prevents registration of trademarks that appear immoral in the case of Iancu versus Brunetti. According to Justice Kagan, who wrote on behalf of the 6-3 majority, the prohibition disfavors some ideas, and this is a violation of the first amendment. In the case, Erik Brunette, who owns a clothing line which used the word FUCT as its brand name. According to Brunetti, the trademark is pronounced as four distinct letters which are F-U-C-T and had requested for registration by the federal authorities. However, the trademark was rejected because it was said to be offensive, immoral, and contained negative sexual aspects. The Supreme Court stated that the Act was discriminative, and the prohibition was also not constitutionally founded. The Supreme Court stated that the statutory bar goes beyond the proposed construction by the government. 

Response 

In the case of Mr. Philip, I agree with the decision made by the Supreme Court. Human rights are constitutional, and forcing Mr. Philip to make a wedding cake for the gay couple would be a violation of his religious and speech rights. Judicial review is the greatest power bestowed upon courts. They can strike down certain laws implemented by the legislature if they act in violation of the constitution's key principles. The case highlights how the public can exercise control over the courts by pushing and demanding their rights enshrined in the constitution. This can be done by seeking justice in the various levels of the judicial system, just like in the case of Mr. Philip, whose case after the Colorado courts ruled against him sought for appeal at the Supreme Court. This is an important function in our democracy because the public can champion for what is rightfully theirs. 

Reference 

Kwock, R., & Ball, E. (2019, August 16). SCOTUS Gives a "FUCT" in Brunetti: First Amendment Supports "Immoral" or "Scandalous" Trademarks. Retrieved from https://www.lexology.com/library/detail.aspx?g=4df4e559-6511-47e6-b61d- a03385195b69