Note: The “C” segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law. You’ve been warned!
In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent White House Executive Order regarding the last few fraying strands of our social safety net.
After that, we revisit three cases we told you we’d be keeping an eye on. First, we look at the aftermath of Jane Doe v. Wright, which we first discussed in Episodes 117 and 133. Back then, we told you about the fate of a single young woman in state custody who was denied her right to an abortion; today, we tell you about the nationwide class action that was just certified in Garza v. Hargan.
Next, we revisit Kolbe v. Hogan, which we called a “landmark” case way back in Episode 47. Find out how a federal district court judge in Massachusetts just applied Kolbe in upholding the Massachusetts ban on assault weapons and large capacity magazines.
For our third revisit, we take a look at another trademark case in light of the Slants case (Matal v. Tam) that we first discussed with Simon Tam way back in Episode 33 and reported on Tam’s victory before the Supreme Court in Episode 80. The Slants’s victory paved the way for disparaging and offensive trademarks, but what about garden-variety “immoral or scandalous” ones, like FUCT clothing or “Big Dick Nick” towels? Listen and find out!
Finally, we end with the answer to the fiendishly hard Thomas Takes the Bar Exam Question #71 about whether a state can discriminate against out-of-state competitors. Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Interview:
https://openargs.com/oa165-you-heard-it-here-first-abortion-rights-gun-control-and-offensive-trademarks/


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