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On the Media

The Slants Win the Day!

On the Media

WNYC Studios

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4.68.7K Ratings

🗓️ 21 June 2017

⏱️ 8 minutes

🧾️ Download transcript

Summary

The Asian-American band The Slants sued after its trademark was denied because it's disparaging to...Asian-Americans. This week the group won its long legal battle.

Transcript

Click on a timestamp to play from that location

0:00.0

On Monday, the Supreme Court ruled that a law denying federal trademark protection to names deemed disparaging is unconstitutional.

0:10.2

Justice Samuel Alito wrote in the unanimous decision, quote,

0:14.3

it offends a bedrock First Amendment principle.

0:17.4

Speech may not be banned on the ground that it expresses ideas that offend.

0:22.8

The suit was brought by Portland dance rock band The Slants, Asian-American musicians,

0:28.9

who've taken their name from an ethnic slur and worn it with pride.

0:33.4

They sued because when they tried to register the trademark, the U.S. Patent and Trademark Office said,

0:39.4

the slants?

0:41.1

No, no, no, no, no.

0:42.6

I spoke to the founder of the slants, Simon Tam, exactly two years ago, when the band had lost an appeal at the Federal Circuit Court.

0:51.6

I asked him why they chose that name in the first place.

0:55.3

Honestly, it came from a conversation that I had with a good friend of mine when I first had

0:59.9

the idea for starting an all-Asian ban. So I said, you know, what's something that you think

1:04.9

all Asians have in common? And without skipping a beat, they said, slanted eyes. So I thought

1:10.3

that's really interesting, because not only does it sound like some kind of cool

1:13.5

new wave band that Debbie Harry would be in, but it could also kind of be our slant on life,

1:18.9

our perspective as Asian Americans, and at the same time pay homage to decades of work by

1:24.4

Asian American activists who've been kind of reclaiming slant in a positive,

1:28.6

appropriated manner. I'm curious why you need to have the slants be a registered trademark.

1:35.2

What's the business purpose behind that? In addition to the normal benefits like being able to

1:40.2

protect your brand and merchandise, in the music industry, it's extremely important because there are licensing agencies

1:46.3

and their record labels who actually refuse to do business with acts who do not have a registered

...

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