FUCT in the brain
In Iancu v. Brunetti, the U.S. Supreme Court recently decided, on free speech grounds, that Erik Brunetti should have the right to trademark his clothing line FUCT.
Robert Barnes' Washington Post story ("Supreme Court sides with ‘subversive’ clothing designer in First Amendment case", 6/24/2019) notes that "justices on both sides of the court’s ideological divide worried that the ruling went too far". Justice Stephen Breyer's opinion, "concurring in part and dissenting in part", cites neurological evidence for what might be a constitutionally defensible form of "linguistic regulation" [emphasis added]:
[S]cientific evidence suggests that certain highly vulgar words have a physiological and emotional impact that makes them different in kind from most other words. See M. Mohr, Holy S***: A Brief History of Swearing 252 (2013) (Mohr) (noting the “emotional impact” of certain profane words that “excite the lower-brain circuitry responsible for emotion,” resulting in “electrical impulses that can be measured in the skin”). These vulgar words originate in a different part of our brains than most other words. Id., at 250. And these types of swear words tend to attract more attention and are harder to forget than other words.
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