First Amendment and kink.com
I am so proud of all my professors today.
My Sports Law professor, Marc Randazza, is a First Amendment attorney who represents clients who might not be the most popular with mainstream America. But the fact of the matter is, we all have Constitutional rights. As a capitalist society, those rights should extend to commercial goods. If a company wants to petition for a trademark for a product containing the word “fuck,” why not?
In the Orlando Weekly article, the Washington Redskins is mentioned. Washington’s trademark and fuckingmachines are not analogous. Washington’s logo is disparaging by objectifying an entire race! And if the court looks at the context in which the name was adopted, the court will discover how the name was coined by a man who was known as a bigot. (See http://www.washingtonpost.com/wp-srv/sports/redskins/longterm/book/pages/17.htm. ) Kink.com is not disparaging to an entire race. It is a company catering to a specific market. Although it may be offensive to some people, just like Professor Randazza said in his interview with Fox about Imus, “If we are going to tolerate free speech, and we’re going to love free speech, we’re going to have to love it all.”
The article does no justice to Professor Randazza. Anyone who has bothered to read his bio would know he has a passion for the First Amendment. Students in his class know that he believes in fighting the good fight and how his passion for the law shines through his teaching. Although he has his J.D., Professor Randazza demonstrates humility and does not talk down to us (unless that person is a Yankees fan). Keep up the good work, Professor!
whiteyrules said,
June 12, 2007 at 8:00 am
I love kink.com. They have lots of fun stuff for me to use throughout my life.
marcorandazza said,
June 14, 2007 at 2:52 am
How flattering! But honestly, The article does no justice to Professor Randazza. isn’t exactly true. I think that if a journalist gets a story or an impression of a person 70% right, then he’s doing A+ work. Journalism is hard, and writers are human. I think that Billman got this one 90% right, which puts him way over the top of the curve. Yes, the article creates a wee bit of an inaccurate impression that the client was not the driving force behind the litigation, and yes, that bums me out a bit that I am portrayed that way. Nevertheless, there was neither malice nor carelessness in the characterization – just perhaps a misunderstanding. I can live with that. Billman did a nice job, and I’m okay with it.
martzamajstoravich said,
June 14, 2007 at 3:03 am
I just wanted to set the record straight for those who don’t know you. But if you’re okay with it, then so am I.
whiteyrules said,
June 24, 2007 at 12:01 am
I think it is sweet for Ms. Majstoravich to look out for her Professor. Hey Maj, can you protect me too????
Martza Majstoravich said,
June 24, 2007 at 12:11 pm
No, you are on your own.
whiteyrules said,
June 24, 2007 at 7:30 pm
My feelings are hurt.
Martza Majstoravich said,
June 24, 2007 at 7:31 pm
Change your name, and I will think about it.
whiteyrules said,
June 24, 2007 at 8:11 pm
I am sorry. It is just something that people have always said about my name since I was young. My real name is Wyatt E. Rhules and that just brough with it a storm of jokes. Fortunately I have a thick skin. I hope you are not going to make fun of me too?
Martza Majstoravich said,
June 24, 2007 at 8:25 pm
That’s sad, Wy. But when you choose a tag like yours, what do you expect?