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U.S. Constitution
See other U.S. Constitution Articles

Title: Pro-Pot Student Group Wins 1A Fight With Meddling School Admins, State GOP
Source: Reason
URL Source: http://reason.com/blog/2017/02/13/p ... udent-group-wins-1a-battle-aga
Published: Feb 14, 2017
Author: Elizabeth Nolan Brown
Post Date: 2017-02-14 18:47:21 by hondo68
Ping List: *Bill of Rights-Constitution*     Subscribe to *Bill of Rights-Constitution*
Keywords: Totalitarian GOP goons, oppose free speech, love global tyranny
Views: 413
Comments: 7

Court says Iowa State University discriminated against student marijuana-policy group based on "political pushback."

NORML ISU/FacebookNORML ISU/Facebook

A win for free-speech and marijuana-decriminalization advocates from the U.S. Court of Appeals for the Eighth Circuit. On Monday, a three-judge panel ruled in favor the student chapter of National Organization for the Reform of Marijuana Laws (NORML) at Iowa State University (ISU), which had been banned from using ISU trademarks on much of its promotional material after drug prohibitionists in state politics complained.

ISU generally grants student groups the right to use ISU insignia, logos, and other trademarks (such as the words "ISU" and "Iowa State") on promotional materials, under certain broad conditions. Decisions are made by the school's Trademark Licensing Office. When NORML ISU first formed, in 2012, group members submitted a request for approval of a t-shirt saying "Freedom is NORML at ISU" with a small cannabis leaf above the slogan, and the Trademark Office initially approved it.

Soon thereafter, the Des Moines Register ran an article about marijuana legalization in which ISU student Josh Montgomery, then president of the school's NORML chapter, mentioned that ISU was supportive of his organization's efforts and had even approved the aforementioned t-shirt. On the day the Register article ran, the Iowa House Republicans Caucus sent a formal letter to ISU leadership asking whether they had actually approved the NORML t-shirt. By the end of the day, ISU President Steven Leath and his top staff were emailing one another to discuss whether the school could revoke approval of the NORML design.

The next day, a representative from the Iowa Governor's Office of Drug Control Policy personally contacted ISU administrators to voice concern with their t-shirt approval policies.

A few days after that, NORML ISU requested permission from the Trademark Office to use the same t-shirt design for another batch of shirts. This time, their request was placed on hold pending an upcoming ISU President's cabinet meeting. Thereafter, the ISU Trademark Office informed NORML students that it could not approve the use of any ISU trademarks in conjunction with any design featuring a cannabis leaf. It also said the group must clear all future designs with Student Affairs leadership before submitting them to the Trademark Office.

From there on out, "the Trademark Office rejected every NORML ISU design application that included the image of a cannabis leaf," explained the circuit court in its decision. "The Trademark Office also rejected designs that spelled out the NORML acronym but replaced 'Marijuana' with either 'M********" or "M[CENSORED].' The Trademark Office however approved several designs which did not use a cannabis leaf, but simply stated the group's name, and fully spelled out the NORML acronym."

In response, two members of the student group filed a lawsuit against their university, alleging violations of their First Amendment rights. The U.S. District Court for the Southern District of Iowa initially ruled in favor of the students, prompting the university to appeal.

On Monday, the appeals court affirmed the district court's ruling, concluding that students' "attempts to obtain approval to use ISU's trademarks on NORML ISU's merchandise amounted to constitutionally protected speech." And state schools cannot discriminate against constitutionally protected speech on the basis of its viewpoint without proving that this restriction serves a compelling governmental interest and is narrowly tailored to serve that interest.

In this case, Iowa State's rejection of NORML ISU designs did discriminate based on viewpoint, the court found, and this discrimination was based on "political pushback." Therefore, "the district court did not err by concluding that [ISU] violated plaintiffs' First Amendment Rights because defendants engaged in viewpoint discrimination and did not argue that their administration of the trademark licensing program was narrowly tailored to satisfy a compelling governmental interest."


Poster Comment:

Free speech is alive and well in spite of statist Iowa Republican Caucus goons.

Gotta smack down those Trumpkin goons, so that they have free speech too, so they can speak out and push their anti-American agenda. Now they're free to speak out and reveal their Totalitarian NWO agenda.

Thank you, NORMAL people. God bless America, land of the free, and home of the brave. (1 image)

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#1. To: hondo68 (#0)

ISU insignia

Maybe ISU doesn't want their insignia associated with drugs, drug addicts, hippies and assholes, like PAULTARDs.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-02-14   19:36:24 ET  Reply   Trace   Private Reply  


#2. To: hondo68 (#0) (Edited)

Pro-Pot Student Group Wins 1A Fight With Meddling School Admins

What are these goofs majoring in that they can show up for class half stoned?

rlk  posted on  2017-02-14   19:59:08 ET  Reply   Trace   Private Reply  


#3. To: GrandIsland, *Bill of Rights-Constitution* (#1) (Edited)

Maybe ISU doesn't want their insignia associated

They approved it initially. They're seem pro liberty and pro American, unlike the caucus of Republican goons.

It's now settled law that it's OK to give statists azholes the finger, so they're enjoying the liberty to do so. Isn't America great?

Wo0t !!!


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

hondo68  posted on  2017-02-14   20:11:09 ET  Reply   Trace   Private Reply  


#4. To: hondo68 (#3)

and pro American

There is nothing "American" about getting stoned. Fat, drunk and stupid is no way to go through life, son.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-02-14   21:54:53 ET  Reply   Trace   Private Reply  


#5. To: GrandIsland (#4)

Fat, drunk and stupid is no way to go through life, son.

Just pay your GODDAMNED TAXES, you son-of-bitch!

buckeroo  posted on  2017-02-14   22:12:22 ET  Reply   Trace   Private Reply  


#6. To: buckeroo (#5)

Just pay your GODDAMNED TAXES

You must be talking about those stupid libtard KOOKIFONIANS. tpaine, you gonna let Peter Puffin Buckey call you names lik3 that, you Nazi state slave?

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-02-15   0:14:41 ET  Reply   Trace   Private Reply  


#7. To: hondo68 (#0)

Well at least they weren't wearing "Christian" T-shirts. That would have caused the little snowflakes to flee to their safe spaces.

misterwhite  posted on  2017-02-15   10:43:55 ET  Reply   Trace   Private Reply  


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