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The argument, simply put, just equates the act of registering a trademark to other government permits and records, like driver’s licenses, parade permits, etc., which is not implicitly government speech.

The government’s previous argument carries over into this reasoning, that the material benefits of a registered trademark are a subsidy from the government, and thus subject to its regulation and exempt from the scrutiny test.

The government also argued that they did not explicitly ban the speech, but the circuit court rejected that, deciding the extent to which it did limit speech was essentially the same.

The governmental regulation of commercial speech is typically subject to a lower “scrutiny test” and is much easier for the government to meet (although it is later stated in the opinion that the statute doesn’t even clear that test).Jeremy Joseph Christian, 35, has been charged with two counts of aggravated murder, two counts of second-degree intimidation and one count each of aggravated murder and being a felon in possession of a restricted firearm, reported KOIN 6.One of the two victims has been identified by his mother as Taliesin Namkai-Meche in a touching tribute posted to Facebook.Asha Deliverance wrote: 'Taliesin Myrddin Namkai Meche, My dear baby boy passed on yesterday while protecting two young Muslim girls from a racist man on the train in Portland.'He was a hero and will remain a hero on the other side of the veil.