Cheers to Summer!

Whether you are going on vacation, studying for the bar, or taking a class, I hope everyone at MSL has a great summer break!

This will be the last blog post of the school year, but I will return in the Fall. If you would like to write for the blog or have suggestions for future posts, please comment below or e-mail taylor.mace@msl.edu. 

Good luck with finals and Congrats to the Grads!

Signing off 'til August, 

Taylor Mace 

Matal v. Tam

In 2017, the Supreme Court held that a law prohibiting trademarks that disparage any person living or dead was unconstitutional because it offended the First Amendment principle that speech may not be banned on the ground that it expresses ideas that offend. Matal v. Tam, 137 S. Ct. 1744 (2017). 

Simon Tam, the lead singer of a band, chose a band name that had the purpose of reclaiming a derogatory term used against people of Asian descent. Id. When Tam wanted federal registration of the band name, the Patent and Trademark Office denied the application under the Lanham Act. 15 U.S.C. §1051 (1946). For reference, trademarks are identifying marks that people can easily identify as belonging to a product or service. The office claimed the Act prohibited the registration of trademarks that may “disparage or bring into contempt or disrepute any persons, living or dead.” Id. 

The main issue in this case was whether the disparagement clause was facially unconstitutional under the First Amendment’s Free Speech Clause. The court held that it was. Their reasoning was that trademarks are private speech, not government. The court further explained that the Act violated the Free Speech Clause of the First Amendment because it violated the principle that speech may not be banned on the ground that it expresses ideas that offend.

Do you think this reasoning is too broad or do you agree with the Supreme Court decision?

-Taylor Mace

Give Your Stress A Break

    Law students are notoriously hard workers. We feel as though we are wasting valuable time if we aren’t outlining, case-briefing, or going over past exams. This is especially true as final exams are approaching. The truth is, though, research shows that taking breaks from studying to refresh your brain and body can increase energy, productivity, and the ability to focus (health.cornell.edu). It can even improve your memory (Id). Students should find activities to give their mind a break and allow your body to zone out. HINT: Social media scrolling doesn’t count! Your breaks should be purposeful and not merely distractions. 

Here are some ideas for purposeful study breaks:

• Go for a walk or hike: Check out AllTrails for paths and hike information near school or your home.
• Meditate: There are plenty of guided meditation resources available on YouTube, as well as free meditation apps.
• Take a 20-minute nap: Name one law student who doesn’t need more sleep!
• Take a shower: Warm water can ease tensed muscles and rejuvenate your energy.
• Stretch: This can be yoga or just standing up to touch your toes.
• Call a friend or family member: Just remember not to talk about school!
• Cook or Bake: This is a guaranteed distraction because you have to follow a recipe to get the dish just right. No thinking about Property during this one!
• Creative Crafts: Draw, paint, scrapbook, or even start making lanyard bracelets like you used to in middle school (yes, I started doing this last semester!)

Resources:

insighttimer.com

http://www.lclma.org/law-students/

presspause.halfofus.com

Aura (App)

Smiling Mind (App)

AllTrails.com (also an App)

Tasty (App for beginner recipes)

What breaks work for you? What new techniques are you going to try this semester?

-Taylor Mace

Strange Laws in Massachusetts

These odd laws are still in effect in Massachusetts. Have you broken any lately?

1. It is illegal to give beer to hospital patients. M.G.L. c. 270 §5.
2. Hunting on Sundays is prohibited. M.G.L. c. 131 §57.
3. Spitting on a public sidewalk shall be punished by a fine. M.G.L. c. 270 §14. 
4. It is illegal to frighten a pigeon. M.G.L. c. 266 §132. 
5. Defacing a milk carton is punishable by a fine. M.G.L. c. 266 §128.
6. If you are over 16 years old, you can be fined for yelling any profane or obscene language at an official or participant in a sporting event! M.G.L. c. 272 §36A. 
7. It is a punishable offense to willfully disturb people in a public library. M.G.L. c. 272 §41.
8. It is illegal to sell fewer than 24 ducklings at a time before May 1. M.G.L. c. 272 §80D.
9. Reproaching Jesus Christ or the Holy Ghost can land you in jail. M.G.L. c. 272 §36. 
10. Targets at shooting ranges cannot resemble a human being. M.G.L. c. 140 §131.

These silly laws haven’t gone unnoticed. “An Act Relative to Archaic Laws”, a Bill Senator William N. Brownsberger has brought to present before the senate, will get rid of laws number 3, 4, 6, and 9 if passed. 2021 MA S.B. 930 (NS). There are 23 other proposed archaic laws in this bill, though none as funny as these! Head to Westlaw to read the full Bill. 

-Taylor Mace