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Hey k do u explode when you touch water or do u just have an explosive temper
#ATOMS#K#potassium#O#oxygen#alkali matals#calcogen#periodic table#elements#chemistry#science#character#oc#illustration#digital painting#procreate#chibi art#web comic#ATOMS ask#atoms ask box#ask to ATOMS
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Same anon that's something the supreme Court question. Why do you say it like they are defending it when I have seen multiple people say they don't care about the Constitution either? Like aren't they the ones that overturning roe v wade and there's a possibility they will make same-sex marriages illegal again with all this project 2025 stuff that's going up?
speaking about that, is Biden actually accomplishing those goals? And please make this very clear with facts. This may require you to write up a longer post about this but I think I really want to understand if that is a fear monitoring thing or if this is another "Dems are bad, gop good" shit
First of all, Roe v Wade was always bad law. The idea that the right to privacy means a right to legal abortions never made sense, morally or constitutionally, and it never should have been in place at all, let alone for as long as it was. The Supreme Court overturning unconstitutional laws and reversing unconstitutional decisions is literally why it exists. The Constitution empowers the court for that very reason. If you want other examples of the court protecting the constitution, just look at the Heller decision, or any of the other decisions rolling back unconstitutional gun laws in the past few years. Look also at Matal v Tam, in which the court unanimously ruled that the government can't ban speech just because it's offensive. Which means that there can be no laws against so-called hate speech in the US, and the Orwellian tyranny you see all over Europe under the guise of combating "hate speech" can never legally happen here. Which is a massive win for free speech and the entire reason the 1st Amendment was written.
As for gay marriage getting overturned, it's incredibly unlikely, since there are zero court cases about gay marriage going on right now and the Supreme Court can't just make rulings out of nothing (much to the frustration of more than a few people, I'm sure) it's basically a non-issue. If you're referring to what Clarence Thomas said about gay marriage in his majority opinion overturning Roe, he specifically said that this ruling shouldn't be used as justification to overturn the Obergefell v. Hodges decision on its own, though he did say that those decisions deserve another look. And he's right. Obergefell is another case of an activist court inventing rights out of thin air. There is no such thing as the right to marriage, for gay or straight people. It should be overturned, and the issue of defining legal marriage should be left up to individual states, as the Constitution intended (see the 10th Amendment).
I've been asked about Project 2025 before, and I'll tell you what I told the last anon, as far as I can tell, it's a pile of nothing. It's a group of policy proposals made by a bunch of conservative political commenters I've never heard of, who, as far as I know, have no connection to any Republican political campaign or the RNC. No one on the right is talking about the project. No politicians have come out in support of it. No campaigns have said they're going to implement those policies. Project 2025 is a left-wing boogeyman, and not even one that's getting a lot of traction in left wing circles since the only time I've ever seen anyone talking about it has been in my ask box and a few fringe far left conspiracy sites that came up when I originally tried to figure out what it was. It's the left attempt to have their own Agenda 2030 to be scared and angry about, except there aren't any international organizations trying to get the governments of the world to adopt their policies.
speaking about that, is Biden actually accomplishing those goals?
So, I really don't know what you mean by this. What goals?
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Marinette placed the final box of baked goods on the stack, pulling up the strings she'd set underneath them so she could tie everything together. "Alright! That should do it!" She put her hands on her hips, looking proud of herself, though faltered as she realized, "Oh, but what if there aren't enough options? What if they have an allergy?"
"That was everything your parents could part with," Tikki reminded her.
Marinette whined. "I know. They're kind of leftovers too, but I didn't want to just swoop in as Ladybug and go hey, I have some new heroes I'm meeting, do you mind if I buy some of your baked goods for them because I know they would've insisted that I take a bunch of the fresh stuff for free." Rubbing the back of her head, she gave a one-armed shrug. "It was just easier to ask for anything that was still good but they didn't want to sell exactly."
"I guess so," Tikki hummed, though it was obvious that she didn't really get it. Marinette supposed that a kwami couldn't really understand the value of money and briefly imagined Tikki with a tiny purse of coins.
Shaking her head of any amusement that brought, she walked over to her mirror, feeling her face and checking the tightness of her pigtails holders. "Tikki, how's my hair look?"
"Won't your hair just go back to perfectly-brushed pigtails when you transform anyway?" Tikki asked.
Marinette supposed she was right. Thanks to her transformation, many a Parisian had been saved from seeing their hero sporting a bedhead during early morning akuma battles.
"...Alright," she decided, carefully undoing her hair ties and fluffing up her hair. "In that case, hair down it is."
Tikki blinked, flying over to ask, "What do you mean?"
Marinette glanced at her in the mirror. "Because then I can at least feel like I'm doing my hair up for it! I have to look nice!"
A tilt of the head was her response. "It's not that I'm not happy that you're taking this so seriously, but why the fuss?"
Gasping, almost in offense, Marinette replied, "I have to make a good first impression! I'm Ladybug, and they need to know that I appreciate them being here!"
"Marinette," Tikki said steadily, waving her arms out to gesture at her. "They already know Ladybug. I'm sure—"
"But not like this!" Marinette retorted, standing straight and raising a finger as she made her point. "I want them to feel welcome and like they can come to me for advice on fighting or keeping their identities a secret!" She hesitated, then dropped her gaze to the ground and added nervously, "I-I mean, I know I might not the best at those, but I can still try, right?"
Tikki moved immediately in front of Marinette's face, using her tiny paws to raise her chin up. Flying a small distance away, she assured, "You're a great Ladybug! I'm sure they'll appreciate you no matter what happens!"
Marinette smiled at that, at least feeling a little more mentally prepared to face the new heroes now. "Thanks, Tikki." She turned, facing the boxes of baked goods again and readying herself. She stepped towards them, paused, then scratched her cheek sheepishly as she asked, "But seriously though, do you think these will be enough?"
"Marinette!"
"Okay, okay, I'm going! Let's go!"
——-
Ladybug could feel Chat Noir following her only five minutes after she'd left the house, though was aware that it wouldn't exactly be hard to see her - despite the extra black she'd added to her bodysuit at the start of her blog - with all the boxes she was carrying. That was fine with her, as she'd needed him to be nearby anyway; they were still partners, after all.
As she landed on the rooftop she'd agreed to meet everyone at, she heard Chat Noir landing behind her. He announced his presence with an amused, "Setting up a picnic, m'lady?"
She raised a brow at him. "You could say that. The new heroes should be arriving in—" She pulled out her yoyo to check the time, realizing just how long she'd spent fretting over her first impression. "—uh, soon. Very, very soon."
At least she still got there first, she figured.
"New heroes?" Chat inquired, his flirtatious tone disappearing. "I didn't know they'd be here tonight."
"I messaged you before I left," she pointed out, purposefully leaving out the detail of the kwami group chat. She idly wondered if Plagg could be bribed into sending her flirty messages from Chat.
"I saw," he insisted with a bow, "which is why I hurried to you so you could tell me what it was about in person!"
She had no comment on that, too busy setting the boxes out and checking to make sure the baked goods hadn't been jostled on her way there. Chat Noir sat down next to her, helping himself to one of the sweets and not making any comment about the bakery logo on the box, probably as they'd saved said bakery quite a few times, so it wouldn't be weird to know it enough to buy from there.
The moment her yoyo confirmed that it was time for the other heroes to show up, Ladybug heard the sound of someone landing on the rooftop. She glanced up, seeing the bee hero standing there with an air of professionalism hovering around her.
"Ladybug. Chat Noir," she greeted formally, giving them each a nod.
Ladybug stood up with a start when she realized that she was still sitting near the boxes. "Hello!" She walked over, extending a hand out to her. "Glad you could make it."
The bee hero gave her a nod, accepting the offer for a handshake. "Of course. This is my job after all. It would have reflected poorly on me if I hadn't shown up on time."
Ladybug beamed. She was far different from the "original" bee hero, but that wasn't a bad thing, and she was looking forward to seeing what it'd be like to have another serious person on the team.
The turtle hero then landed nearby, though Chat Noir was too preoccupied with approaching the bee heroine, even taking her hand in his despite her flat expression. She tried to shake his hand like she did with Ladybug, only to realize that apparently wasn't his intent.
"I guess we'll beekeeping you on the team for a while now?" Chat asked. "It'll be a pleasure working with you."
He bent down, placing a kiss on the back of her hand. She pulled away from it, raising a brow at him while Chat stilled and looked confused.
"Uh—" the turtle hero cut in, finally earning Chat's attention. Ladybug watched as the turtle hero seem to fidget in place before pointing at the hand kiss display that had just occurred. Tentatively, he asked, "He's not going to do that with everyone, right? I'm—I'm dating someone."
Chat's face turned red with embarrassment, his body immediately recoiling from the bee heroine. Ladybug covered her mouth with both hands in an attempt to hide her chuckle, though it was difficult.
She waited until she was calm to approach the turtle hero, offering her hand for her second handshake of the day. "Glad you could make it."
He smiled, happily shaking her hand with a simple reply of, "Thanks." Then, glancing over her head, he asked, "Are you a new hero too?"
She presumed he was talking to the bee until she turned around, jumping in surprise as she noticed the fox hero standing nearby. She hadn't even heard him land, but supposed it made sense for a fox.
"Hey," he greeted casually. "Sorry, I didn't want to interrupt when you were talking to everyone else."
"O-oh, it's okay!" she assured, hoping it wasn't too embarrassing that she'd been caught off guard. She approached, sharing her last handshake with him. "And now that everyone's here, we can get introductions out of the way! You're...?"
"Cadmeancio," he replied with a calm smile. "I hope I'll be able to help you, Ladybug."
She smiled back, then glanced to the turtle hero. "And you?"
He stood proud, both arms up like he was flexing despite his sheepish expression. "Heavy Matal."
Ladybug turned to the bee heroine, who understandably predicted the question and answered before she could get it out, "Fukiya."
"Alright, so Fukiya—" Ladybug pointed at her, then the other two heroes as she continued, "—Heavy Matal, and Cadmeancio."
The three nodded at her. She couldn't help feeling a tinge of excitement; she had new team members now, and they were permanent holders that she wouldn't have to go out of her way to give miraculouses to.
Sitting down on the rooftop, she gestured to all of the boxes and exclaimed, "I brought these, so help yourselves! I can give you the rundown while we eat."
Cadmeancio and Heavy Matal happily sat nearby, letting out a harmonious, "thank you," as they peered into the individual boxes to look for a treat. Fukiya was the only one who remained rigidly in place, hands resting at her sides even as she looked around at the assorted boxes.
"Fukiya?" Ladybug called, earning her attention. "Everything okay?"
"Ah—" Fukiya let out a neutral hum. "I'm not really... allowed to indulge in..."
Chat waved a croissant from his seat besides Ladybug. "You've got superhero status now! You don't have to worry about anyone else or what they'll—"
Ladybug cut him off by clearing her throat, facing Fukiya to clarify, "What Chat means is... obviously we have to maintain our secret identities, but you can still be yourself around us, and you don't have to worry about anything you've been forced to do or not do when you're not transformed."
She offered what she hoped was a welcoming smile. She was worried at first, given how Fukiya looked at her like they were in a staring contest, but she relented quickly enough, sitting down and searching for the perfect treat amongst her options.
Ladybug breathed a sigh of relief, then slid herself back just enough that all of the new teammates were in view. Clapping her hands together to earn everyone's attention, she began, "I imagine your kwami filled you in on most of the details, but just to make sure everyone's on the same page..."
Cadmeancio and Heavy Matal shifted to face her, Fukiya already having been in the right position.
Ladybug continued, "With LadyBugOut in place and Hawk Moth seeing us as even more of a threat, you three are here to be new, permanent heroes to help cover any weak points we might have." She gestured vaguely at them. "That said, you don't have to show up to ever single battle; if you can show up, show up, but don't worry if you're in the middle of something. I want all of you to warm up to having miraculouses instead of being forced to get used to them right away."
"Isn't it serious?" Fukiya asked, arms crossed. "We should be prepared for anything."
"We have time," Ladybug assured confidently, "and forcing anything to happen won't get us the results we want." She would know. "So just... take it slow, okay?"
Fukiya looked like she wanted to argue, but closed her eyes and let out a breath, apparently thinking better of it.
"Should we come anyway if you need us?" Heavy Matal questioned with a tilt of his head, though his voice was hesitant as if he wasn't sure if he should suggest such a thing.
Ladybug, however, was happy for the question and gave him a grin. "Oh, if you can? Definitely, and as long as you're on the blog, you'll get notified of any akuma!"
He nodded his head, understanding the exception, then went back to munching on one of the sweets he'd picked up. Given that his and Fukiya's curiosity was satiated, Ladybug glanced at Cadmeancio, almost expecting him to have questions as well.
When he seemed more interested in the box the sweets were in, staring strangely fondly at the logo, she called out with interest, "Cadmeancio?"
He looked up at her, waving a hand dismissively. "Sorry. I've—" He paused, and she appreciated his attempt to choose his words carefully. "—I've been to this bakery a few times. It's really good."
"Oh." She eyed the box again, her gaze locking to the three little wrapped-up containers she'd placed in the middle of one box in particular. She perked up, internally thanking Cadmeancio for the transition. "That reminds me—well, sort of..."
She pulled each container out by the ribbon she'd wrapped around them, each with a distinct color that matched the new heroes. Once she had all three held against her chest, she began passing them out to each hero, each of them taking them with care and setting them on their lap.
"These—" Ladybug gestured at the boxes. "—are power-ups, and they—"
Suddenly, Chat choked off to the side, covering his mouth as he forced himself to swallow. Ladybug looked over at him blinked, concerned, but he was recovered quickly enough, standing up and taking her arm.
"Bugaboo, can we have an original-heroes-only meeting?" he asked quickly, though the nickname didn't make it sound any nicer.
"Uh, sure?" She let him take her as far away from the three heroes as possible, waiting until they were out of earshot to whisper, "What is it?"
"Those—" He still seemed stunned by something. "—those are the power-ups? They're getting them?"
She nodded. "Yeah. I don't see the—" She paused, remembering the day that they'd first gotten their powers. "—wait, you're not jealous, are you?"
"Why are they getting them right away?" he asked, completely evading the question. "Master Fu—"
Ladybug held a hand up to silence him. "They don't know about Master Fu, for the record, and it was Master Fu's idea to give it to them. I don't know, it's just..." She shrugged for lack of an answer. "He must trust them?"
"That—that doesn't make sense," he said. "Aren't you curious?"
"No," she replied bluntly. When Chat looked struck by it, she continued, "It's none of my business. I trust Master Fu and I trust who he chose."
"But—!"
"Besides, those power-ups aren't just about when we need them for fighting akuma." She hesitated, needing to take a breath before getting into any serious topics. "Chat, we can't do everything ourselves, and five is better than two in this case. Those power-ups could do a lot of good and we might not be around where they could be good. I've had a lot of close calls since I started helping outside of akuma, and stopping that helicopter from crashing into a building would've been a lot less stressful with the power of flight. We don't even know if another Frozer could show up again, and then the others would be out of luck. Then, there's the possibility of another Syren, or an akuma fleeing into the sewers, and we got Frozer and Syren the day we learned that Hawk Moth had the peacock working for him!"
"So you're worried about Hawk Moth striking back, but you still want them to take it easy?" Chat argued.
"Yes, because I want to give them the warm-up time that we never got. That led to a lot of mistakes, and I—" She stopped, noting that she wasn't comfortable divulging so much information to Chat about how her experience went. "...I just want time for the new teammates to ease into battle and get to know us naturally."
He looked put off by that. "Isn't our relationship natural?"
She forced her mouth shut for a few seconds, not wanting to say anything she'd regret. The fact that he was asking in the first place said a lot about their differences.
Then, finally, she sighed and gave a shrug. "Not completely, no."
He gaped.
"Chat, we got forced together by every single akuma that came our way. We didn't choose to work together, we just had to, and I don't want our new teammates to see us the same way! Superheroing is a job, but teamwork means that we have to care about each other as partners, and I want to ease into that."
She only just refrained from mentioning that her relationship with him had been strained for a while now because of the requirement of working together, knowing it would only cause more arguing. The fact that she and Chat had needed to work together from the beginning made everything go too fast, and she couldn't believe it took so long for her to realize it.
"...Look," she said before Chat could cut in, her voice lower at the realization that she might've been too loud earlier, "I know you were upset that I knew Master Fu when you didn't, but that wasn't my choice. He didn't want to tell anyone about his existence in the first place. We got blindsided by Mayura and we've almost lost our miraculouses multiple times, so it'd be nice to have more heroes who have the power to help if we need them—"
"We don't need anyone else," Chat insists, holding her hands in her. "Remember, m'lady? You and me against the world."
She didn't indulge him this time, pulling her hands away to raise them in defense. "I'm sorry, Chat. That's—that's not how it works. I don't want to be in a situation like that again."
"Where we have dozens of akuma against us, or where it's just down to you and me?" he challenged.
She took a breath, giving him a once-over as she gauged his body language. Shaking her head, she took a step back, not meeting his eyes as she replied, "Both."
She turned away before she could see any hint of his reaction. As far as she was concerned, the situation wasn't about her and Chat; it was about Paris and doing whatever they could to protect it.
She'd been initially apprehensive to return to the new heroes, fearing that the obvious hushed argument made her look bad, but her new teammates were simply waiting where they were before, their looks non-judgmental and the containers in their laps open to the contents, as if they'd all synchronized the motion while she'd been preoccupied.
She smiled, hope replacing nervousness as she went to sit down with them. She was tempted to eat a treat or too, but resisted, opting to pull out her yoyo so she could reach inside and retrieve her box of potion-infused macarons for the sake of instructing them on the powers.
Before she could, she felt a warmth near her shoulder and turned her head to see Cadmeancio, offering her a concerned look while his hand hovered over her shoulder. Though she wondered how obvious her feelings really were, she wordlessly gave him permission and he let his hand drop, giving her shoulder a small squeeze.
She felt good about this. This team could really work.
Chat Noir was thankfully too busy inhaling a slice of cake to notice the gesture. Ladybug didn't know if seeing such things made him antsy, but she preferred not to find out.
Focusing on the little box in her hands, she pulled out a green macaron and began, "Okay, so green is for water..."
#collab: LadyBugOut AU#canonicity: all#canonicity: canon#writing: all#writing: canon#writing: salt#writing: team miraculous#writing: ladybugout#salt: all#salt: chat noir#group: team miraculous#character: marinette dupain cheng#character: tikki#((In which Marinette overthinks literally everything.))#((Anyway Fu trusts Marinette very much.))#topic: potions
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Toyshine Unicorn Aqua-Splash Magic Bus Printed School Bus Matal Pencil Box with Moving Tyres and Sharpner for Kids - Pink
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JBL C200SI by Harman Super Deep Bass in-Ear Premium Headphones with Mic (Mystic Blue)
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Star fruit: hi im star fruit and i see you guys are friends plus thx O for helping us breathe
O: Ow…. Too rough, K;
K: 😒
#ATOMS#O#oxygen#K#potassium#calcogen#alkali matals#periodic table#elements#chemistry#science#atoms ask box#ask to ATOMS#character#oc#illustration#digital painting#procreate#web comics#chibi art#character design
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Thinking of going that little bit further for your next holiday? Considering what long haul destination to explore can seem daunting if they are new to you, but we’ve focused on some of our favourite places in South and Southeast Asia that tick all the boxes for a truly special holiday.
Philippines
Sitting between the Philippine and South China Seas, the Philippines is home to over 7,000 tropical islands – many of which are uninhabited. It’s a diverse and remarkably beautiful place combining mountainous landscapes, UNESCO listed sites, jungles and national parks, scenic beaches and bustling cities. It is also home to some of the friendliest people in all of Asia.
In Manilla, the sprawling modern capital, you’ll discover its Spanish colonial history and 16th century architecture. Be sure to visit some of the major cultural attractions here including Manilla Cathedral, the National Art Gallery and Fort Santiago to learn more about this fascinating city.
Boracay Island is a popular spot for diving and snorkelling thanks to the coral reefs. Days here are all about relaxing on the White Beach, while the evenings come to life with local bars and restaurants. Palawan, another well-loved island, is known for the town of El Nido. It’s the perfect base for island hopping and is the gateway to the Bacuit archipelago’s karst cliffs.
Other notable places to visit are Panglao Island for the coral reefs and nearby Bohol, where you’ll find the unique Chocolate Hills, rice fields and fishing villages.
Famous Big Lagoon and Small Logoon on Miniloc Island with filipino Balangay Tour Boats and Kayaks. Aerial Drone Point of View. Miniloc Island, Mimaropa, El Nido, Palawan, Philippines, Asia
Thailand
Thailand has been popular among everyone from backpackers and solo travellers, to families and couples. With such a diverse mix of lush islands and 24 hour cities, Thailand offers the perfect mix laidback holiday vibes and daring adventure.
Another destination perfect for island hopping, travelling around Thailand by boat will enable you to tick off your itinerary. Islands like Koh Samui and Krabi offer the chance to visit temples, elephant sanctuaries and national parks, and take in the breathtaking palm-fringed beaches and karst cliffs.
In the lively cities of Pattaya and Bangkok, bars stay open until the early hours, the streets are buzzing with locals and there’s plenty of cultural attractions to keep you busy. Visit floating markets, shopping malls and Buddhist temples. In Thailand’s largest island Phuket, visit the Golden Buddha at Wat Khao Rang, cruise around Phang Nga Bay, and check out the nightlife on Bangla Road.
Fisherman fishing at lake in Morning, Thailand.
Sri Lanka
Off the coast of India, Sri Lanka is a melting pot of tropical scenery, historic ruins and extraordinary wildlife to name a few. One of the biggest draws here are the tea plantations that sweep through the countryside. And then there’s the wide, sweeping beaches that overlook the Indian Ocean.
You won’t be bored here. There’s a long list of cultural attractions to immerse yourself in, from the Sigiriya Rock in the Matale district to the Temple of the Sacred Tooth Relic in Kandy. Nature lovers will have opportunities go dolphin watching, visit national parks or offer a helping hand at an elephant sanctuary.
There are two capitals in Sri Lanka; Sri Jayawardenepura Kotte and the port city of Colombo. Here, visitors can look forward to exploring Dutch, Portuguese and British colonial style buildings, luxurious hotels and a plethora of restaurants. Colombo also handles most of the country’s foreign trade.
Beach lovers can take their pick of golden sands to relax on. In the southwest, Hikkaduwa Beach is great for snorkelling, scuba diving and surfing, while Bentota Beach is clean and quiet. The small town of Mirissa in the south has a wonderful relaxed beach which is ideal for couples, and in the north, the resorts of Marawila, Talwila and Kalpitiya offer plenty of choice too.
Pinnawala elephant orphanage, Sri Lanka. Shot with Canon 5D mkIII.
Mauritius
A honeymooner’s paradise, Mauritius ticks all the boxes for a relaxed beach break where you can totally switch off. You’ll be surrounded by 330 kilometres of immaculate white beaches, luxurious hotel resorts and jaw-dropping mountain ranges. With rainforests and wildlife in abundance, the island is green and luscious.
Watersports enthusiasts will appreciate the coral reefs in Mauritius, where the scuba diving conditions are some of the best in the world. The waters are crystal clear, so you’ll spend plenty of time swimming and enjoying the ocean.
Some of the finest beaches include Belle Mare in Flacq and Mont Choisy Beach in Pamplemousses. Pamplemousses is one of the most densely populated districts, home to the oldest botanical garden in the Southern Hemisphere.
Named due to the fact it receives the least amount of rainfall in Mauritius, take a trip to the Black River to see one of the island’s most famous landmarks, the Seven Coloured Earths. The region is also home to stunning waterfalls, largely untouched beaches and a few historic landmarks.
Loungers and umbrella on tropical beach in Mauritius Island, Indian Ocean
The post Exotic Long Haul Escapes appeared first on TravelRepublic Blog.
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Findings U Can Trust: ‘Offensive’ Trademarks Return To The Supreme Court
(Image via Shutterstock)
As a SoCal native who came of age in the 1990s, I recall witnessing what appeared to be streetwise youth parading up and down the Huntington Beach pier in Orange County, California, wearing shirts and hoodies bearing the most provocative of phrases. As a youngin who was only on the brink of street wisdom, the garments were eye-catching and nonconformist to the extreme. In what would later become a hilarious and ironic twist, the use of the provocative phrase was often employed as a tweak on famous trademarks, such as Ford’s iconic script logo.
FUCT Clothing, the skate brand I witnesseth way back then, is still alive and kick-flipping, and just this week made an unlikely appearance somewhere that the brand’s founder, Erik Brunetti, could never have predicted back when he was selling t-shirts out of the back of his van.
The justices of the Supreme Court, many of whom no longer spend a lot of time skating, heard oral arguments this week in the case of Andre Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office v. Erik Brunetti, in which the government appealed the Federal Circuit’s approval for federal registration of the FUCT trademark. In an unorthodox move, Brunetti’s counsel, who is in-house at Stussy when not handling game-changing trademark cases, joined in urging the Supreme Court to take up the case.
And take it up they did, despite ruling very recently on a similar issue in Matal v. Tam. In that case, the Supremes made clear that the the statute denying trademarks that may “disparage” any “persons, living or dead,” as set forth at 15 U. S. C. §1052(a), was facially unconstitutional under the First Amendment’s Free Speech Clause. In the Court’s decision, Justice Alito set forth a “bedrock” First Amendment principle: “Speech may not be banned on the ground that it expresses ideas that offend.” That case dealt with an Asian-American musician’s attempt to register “The Slants” as his band name in an effort to reclaim the offensive phrase. The Supremes, citing the above bedrock, found that “disparaging” marks could not be banned and his registration should be granted.
Given the Supremes’ recent decision in Tam, the government faces an uphill battle in establishing that a similar ban against “scandalous” or “immoral” marks is also facially unconstitutional. Just because the government finds the word “FUCT” offensive most likely does not allow it to refuse it registration per the Tam reasoning.
Malcolm Stewart was given the difficult task of challenging the Federal Circuit’s approval of the FUCT registration and was upended by Justice Sotomayor before he could even get out of the box. She criticized the government’s shifting definition of the term “scandalous” in the context of trademarks, which Stewart noted can include “shocking,” “disgraceful,” “offensive,” and “disreputable” marks. But, the subjective nature of these descriptors, and the shifting nature of public mores, makes this approach woefully insufficient.
Everyone in the courtroom avoids saying the actual word that is the source of all the hubbub. Stewart referred to “FUCT” as “the equivalent of the past participle form of the — the paradigmatic profane word in our culture,” which is the most genteel thing of all time, but which does not establish that the community at large would be scandalized by seeing it on shirts. Brunetti, by contrast, has averred that FUCT is an acronym for “Friends U Can’t Trust.”
Justice Breyer engendered an interesting digression by referencing the actual physiological reaction to hearing this paradigmatically offensive word or a racially charged phrase, such as the reddening of one’s face given the rush of blood, but does not tie that response directly to the issue of how to discern what is scandalous and what is not.
It would be very difficult to do so because each person has a different threshold. Justice Ginsburg made the wry observation that younger folks would probably have little reaction, physiological or otherwise, to the word FUCT. She asked, “If you were to take a — a composite of, say, 20-year-olds, do you think that that answer would be they would find it shocking?” Anyone who has read YouTube comments or observed the chat box on a Twitch stream would know that a 20-year-old’s threshold for such things is very, very, very high.
Yet Stewart went on at length about “protecting” our citizens against obscene trademarks before getting shut down by the simple retort that trademarks can be marketed without registration, so denying registration will not ensure that the our citizens do not see product bearing obscene trademarks. Indeed, the FUCT brand itself has been around and corrupting young and not-so-young people for decades.
The Nine also took the government to task for applying the “scandalous” test so unevenly and haphazardly that the same word is accepted in some contexts and rejected in others. As Brunetti’s counsel points out, it hardly makes sense that FCUK and FVCK be granted protection, which has been the case, while his client’s mark be denied the same. Justice Gorsuch also chimed in on this issue, noting that of the “the seven words” that are supposedly scandalous, “there are shocking numbers of ones granted and ones refused that — that do look remarkably similar.”
The Court also expressed consternation for the fact that at times the “scandalous word” is rejected as being confusingly similar with an existing mark. Of course, if a confusingly similar mark has been registered, the “confusingly similar” scandalous mark is not likely to be scandalous.
There is a particular concern about how the Court’s ruling might affect registrations that include obvious hate speech, such as the use of the most horrible of racial slurs. But that issue was seemingly addressed in Tam, where the Court said that the offensive nature of the mark was not enough to deny it registration. Unlike “slants,” however, the most offensive of slurs is obscene as well as offensive, which may be a distinguishing factor. And this is a real concern because a number of applicants have already sought to register this racial slur. The government advised the court that “the PTO views Tam as prohibiting a denial of registration for racial slurs, but, with respect to the single-most offensive racial slur, the PTO is currently holding in abeyance applications that incorporate that word, pending this Court’s decision on — leave open the possibility that that word might be viewed as scandalous.”
This may provide the court with a means to overturn the Federal Circuit. If they find the FUCT mark scandalous then the PTO will retain its right to reject applications that incorporate the most offensive racial slur. But, given Tam, that result is unlikely. The Nine did engage in some contortion in an attempt to avoid its own precedent, by noting, among other things, that the offensive term in Tam “was used ironically for, perhaps, a politically oriented purpose.” But, there didn’t seem to be much heart in this attempt.
And this ruling will be closely watched not only by trademark law hounds, but by business people with real skin in the game, like those that have applied to register the following, each of which is the subject of a live PTO application at the time of this writing: Phat Phuc (wine), Sh*t Sherpa (clothing), Big Ass (online retailing), Phuc (clothing), Swamp Ass (candle torches, whatever those are), SwampAss (without the space, skin care), Good Beer No Sh*t (clothing), and so on.
Clearly, scandal and obscenity sells. The question of whether it should sell with the government’s imprimatur remains to be seen.
Scott Alan Burroughs, Esq. practices with Doniger / Burroughs, an art law firm based in Venice, California. He represents artists and content creators of all stripes and writes and speaks regularly on copyright issues. He can be reached at [email protected], and you can follow his law firm on Instagram: @veniceartlaw.
Findings U Can Trust: ‘Offensive’ Trademarks Return To The Supreme Court republished via Above the Law
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