Cornell Law professor Michael C. Dorf examines Judge Lawrence VanDyke’s notorious dissent in Olympus Spa v. Andretti—a Ninth Circuit case involving the constitutionality of applying Washington State’s transgender-inclusive public accommodations law to a women-only spa. Dorf argues that VanDyke’s opening phrase “swinging dicks” was not merely gratuitous and attention-seeking (in contrast to cases like Cohen v. California, where the use of profanity was justified), but reflected genuine anti-transgender bigotry that disqualifies it as legitimate judicial discourse and vindicates the ABA’s earlier finding that VanDyke was unfit for the bench.
Cornell law professor Michael C. Dorf comments on a decision the U.S. Supreme Court issued this week invalidating a provision of the Lanham Act that prohibited registration of “immoral” and “scandalous” trademarks. Dorf provides a brief history of the legal protection for profane speech and considers the implications of a more precisely worded statute regulating profanity for trademark registration purposes.
