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Justice Breyer On Changing His Mind And Sparring With Scalia

By Sindhu Sundar | July 12, 2017, 8:34 PM EDT

EXCLUSIVE: Justice Breyer On Changing His Mind And Sparring With Scalia

By Sindhu Sundar

July 13, 2017 Over the past two decades, Justice Stephen Breyer has earned a reputation on the bench as the master of the hypothetical. And he rarely disappoints. In a landmark case this year over the constitutionality of banning offensive-trademark registrations, he posed this scenario: Could the government block trademarks that disparage competitors?

“Do you believe that they can stop trademarks from saying — this is the trademark you can’t use —...
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