After being embroiled in a legal battle for nearly eight years, Asian-American rock outfit The Slants have emerged victorious, with the US Supreme Court ruling on Monday that the band's name is protected as free speech by the Constitution.
In what is truly a historic case, the Court has extended trademark protection to words or names that may be deemed offensive.
The dance-rock act were pulled back into court this past January, one year after the United States Courts of Appeal for the Federal Circuit ruled that the US Patent & Trademark Office and the Department of Justice violated The Slants' First Amendment rights.
According to the Telegraph, Justice Samuel Alito said, "The disparagement clause violates the First Amendment's free speech clause. It offends a bedrock First Amendment principle.
"Speech may not be banned on the ground that it expresses ideas that offend."
The unanimous verdict comes after The Slants founder, Simon Tan, attempted to register the band name as a trademark back in 2011, but was not knocked by back the US Patent & Trademark Office and the Department of Justice who deemed it "disparaging to people of Asian descent".
The Slants addressed the historic win in a statement posted to Facebook today.
"This journey has always been much bigger than our band: it’s been about the rights of all marginalized communities to determine what's best for ourselves.
"During the fight, we found the Trademark Office justifying the denial of rights to people based on their race, religion, sexual orientation, and political views, simply because they disagreed with the message of these groups."
It continues, "We are filled with appreciation for the numerous groups who have helped us along the way. Organizations from all sides of the political made for unlikely allies in order to address the false dichotomy between free speech and civil liberties.
"We know that to truly protect the most marginalized members of society, we absolutely must protect and expand the First Amendment."
See the full statement below.
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