Trademarks can be offensive according the United States Supreme Court! Yesterday, the highest court in the nation decided the Matal v. Tam case, which asked whether a band with an offensive name had a right to make their name a trademark. The disparagement clause, a law against insulting or offensive language, in the Patent and Trademark Office had led the office to deny the trademark and the case had worked its way all the way up to the top Court. The Court however ruled that First Amendment allowed for the name to be trademarked. Justice Alito gave this reasoning for the ruling;" The disparagement clause violates the First Amendment’s Free Speech Clause. Contrary to the Government’s contention, trademarks are private, not government speech...This Court exercises great caution in extending its government-speech precedents, for if private speech could be passed off as government speech by simply affixing a government seal of approval, government could silence or muffle the expression of disfavored viewpoints." Freedom of speech is our best known rights that allows us to express ourselves how we choose but the government isn't granted this right and must watch its language. Now, people who wish to trademark a distinctive sign, design, symbol, or expression for their music group, sports team, company etcetera may do so without the worry of the government dampening their freedom of expression.
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In the "Age of Technology" its sometimes hard to remember that the things that we do virtually can have a real impact on our actual lives. Several would-be Harvard students recently learned this lesson the hard way when their college acceptance offers were rescinded based on offensive posts made on their social media accounts. For many, the idea that a school would refuse admittance based on a meme posted by a potential student may be shocking; but it shouldn't be. After all, when you apply for a job one of the first things that your future employer will do is look you up and that includes Googling you and reviewing your social media accounts. To protect yourself take the advice of Luvvie Ajayi; "You can still show the most colorful, funny side of who you are, without embarrassing your family’s good name. But if you wouldn’t want something you posted to end up on a jumbotron in Times Square, DO NOT POST IT."
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As the week ends so does the successful conclusion of Camp O'Connor, a free week-long summer program for accepted middle school students. Students gathered at the Sandra Day O'Connor Institute to improve their civic knowledge and leadership skills. To see some of the festivities and learn more about the program head over to their LawforKids Facebook page at: https://www.facebook.com/LawforKids/.
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An end of the year project goes viral for Olivia Vella, a 7th grader at Queen Creek Middle School, who wrote and recited her slam style poem to her writing class. The poem describes a struggle any middle school student can identify with; "am I good enough?" Watch Vella's video and hear her answer.
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Pima County will be going hands-free starting on June 1st. This means that it will be illegal to use a handheld electronic device while driving unless you are using a hands-free setup. Unlike the previous law this ordinance will make it a primary offense which will allow a police officer to pull a person over if they see a person using an outlawed device. Previously, drivers needed to be committing another violation before they could be cited for the offense. The ordinance defines a handheld electronic device as “a wireless communication device that is designed to engage in calls or receive and transmit text, image messages, or data.” For more information check out this article.
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A teen in South Carolina died recently after ingesting three caffeinated beverages in a two hour period. Caffeine is so abundant in our culture that we forget, that like with all things, too much of something can be dangerous. Even drinking too much water can kill someone; a condition called hyponatremia. In the case of sixteen year old Davis Allen Cripe, the caffeine in his system caused his heart to have an arrhythmia, which ultimately caused it to shut down and him to pass away. Now, this doesn't mean that you need to worry every time you have a soda that your heart is going to give out but it is important to realize the things you ingest, no matter what they are, will have an affect on your body. It is also important to understand and imagine what those effects may be. Not every bottle is going to come with a warning label from the Food & Drug Administration, FDA; the branch of the government that regulates the items we consume. Just remember, just because something may be legal doesn't mean that it may not have some side effects.
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BULLYING. A word that invokes images of nerds and jocks and the countless funny TV and movie encounters, is back in the news today after an 8 year old boy is found dead in his home. Gabriel Taye is believed to have committed suicide after a "bullying" instance that left him laying unconscious on a bathroom floor for six minutes while his classmates poked at him. The problem with the use of the word bullying is the connotation, the idea or feeling that the word invokes. When we hear it, it brings up images of small school yard skirmishes that have no real consequence. The reality is much different. Bullying is used to describe crimes such as harassment, theft, assault, battery, manslaughter and even murder. We cannot allow the people perpetrating these acts to diminish the severity of the grief they inflict and hide their crimes behind a belittled label. Assault is assault, and it should be called and treated like it no matter where it is done. The proper reaction just might save a life. Learn more about the laws that surround bullying and the crimes that it entails here.
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A new phishing scam is currently terrorizing the internet. The scam is designed to look like a Google Doc sent from someone you know. But, if you aren't expecting a link don't open it! This new scam will allow hackers easy access to your account information and will send the same phishing email to all your contacts. If you receive a Google Doc that you aren't expecting, delete it! If you have already fallen for the scam, change your passwords and revoke permissions to suspicious apps. If you think your information has been stolen and you may be a victim of identity theft read the following article Have You Been A Victim of Identity Theft to learn more about what to do.
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Five 9th graders are getting international notoriety for their science experiment. What started as a school project rocketed them into the spotlight for what they discovered. The girls noticed that having their cell phones by their head as they slept caused them to have less concentration at school and difficulty sleeping so they decided to test the theory for their biology class. They took trays of cress seeds and placed them in a room both with and without Wi-Fi routers, routers use the same type of waves as cell phones, and gave them the same amount of water and sunlight; the results of what happened over the next 12 days are nothing but astounding. The seeds that had been placed with the router not only failed to grow but some were even mutated or dead. The seeds that were not subjected to the router grew strong and healthy. Scientist have been impressed with the girls precision in the experiment and are now setting up their own similar experiments to further test the results.
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Social Media as we know it today, websites and applications that a person uses to communicate with other users, started twenty years ago in 1997 with a site called Six Degrees. Since then a lot has changed and social media has become a daily, hourly, activity for its many users. With such widespread use it was only a matter of time before the law would get involved with social media. Now major applications, like Facebook, are facing controversial choices about how their sites should be used and policed and not just by their local state or even their national governments but internationally as well. Many social media sites are being asked to crack down on fake profiles for a variety of reasons such as: the spreading of fake news and hoaxes up to more personal reason such as the use of fake profiles to harass a person or revenge porn. Some social media companies are willingly complying but others are worried about the cost both of implementing the software an their users privacy and 1st Amendment rights. While the law is trying to catch up to technology the question remains should social media companies be doing more to protect their users? Let us know your thoughts on What Do You Think?
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The temperature is rising swiftly as we head towards the extreme heat of Arizona summer. Anyone who has lived here does not need to be told twice that the heat can be taxing and down right dangerous if your not careful. In fact, "even on a relatively cool day, the temperature inside a parked car can quickly spike to life-threatening levels if the sun is out," according to researchers at Stanford University School of Medicine. In light of this information and to stop heatstroke related death of children and pets in vehicles Arizona legislature has created Bill 2494 which prevents people from being arrested or sued if they use reasonable force to remove an animal or child left in a hot car. Do you think this bill should become law? Let us know in What Do You Think?
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This week a woman who was trying to take a spectacular selfie made a misstep that ended up with her plummeting 60 feet from the girder of one of California's tallest bridges. "The bridge's off-limits underbelly seem to be a popular, but dangerous spot for social media posting;" according to CNN. This is one of many instances where a person has made a bad decision trying to get the perfect "pic" (see Mannequin Challenge Gone Wrong). Luckily, this selfie seeker did not pay the ultimate price but, her troubles may not be over. While selfies have become a way of life they are also photographic evidence of the activities you choose, legal or otherwise, and that includes trespassing. Trespassing can be a crime, to learn more visit the Laws section.
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Hazing, a ritual that colleges have attempted to extinguish for years, has found its way into the high school system. This week Hamilton High School, a school located in Chandler, Arizona, is at the forefront of the conversation. Six football players were arrested, five of which are teenagers, for crimes that started with hazing but lead to charges that also include sexual assault and kidnapping. Hazing originated as a right of passage to "teach newcomers respect for [group] policies, rules and leaders" but has been known to turn from mildly degrading to dangerous and even deadly. The first recorded death from hazing happened at Cornell University in 1873 and by 1912 death by hazing had become a common headline in newspapers. Since that time school administrators and legislatures have attempted to end hazing through hazing prevention laws like A.R.S. § 15-2301. Learn more about hazing in the school offenses section of this site.
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Spring breaks is here, or is rapidly approaching depending on your school district, and the sun is out and shining bright. Spring breakers are off; headed outside to hang out in the sun and are staying out later as the daylight hours get longer. If you are under 18 you may want to remember to head back in doors when the night hours reach the double digits. Many of Arizona's cities and town have curfew laws, and while they are not always displayed teenagers who are caught after hours may still face the dismal consequences of the law. Don't miss out on your spring fun; instead stay informed and check out our Curfew section and ensure a happy spring break.
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