Tuesday, June 20, 2017


Well I can tell you my head feels like it is going to explode.  The neurosurgeon has all the test results and has a game plan in play.


In Matal v. Tam, a trademark case, where the trademark of "Slant" was rejected as disparaging of Asians, although the person seeking the trademark intended use was to use it in a positive way to rid it of its negative connotation.  It is no different how the gay communty has changed queer from a negative to a positve.

The opinion although unanimous in its result is difficult to read because of two 4 Justices opinions and the individual Justices only agreeing to some parts and not others.

The gist of the holding is as follows from Justice Kennedy's concurring opinion on page 8.

"A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society."

The Court found the disparagement clause concerning trademarks to be unconstitutional.  Remember the First Amendment does not apply to individuals against other individuals.  It only applies to governmental entities.

Click for full Opinion

This means no governmental entities can interfer with disparaging remarks or punish the speaker. This includes the State Bar of Texas or any govermental Agency whether federal or state.


I am off to bed because it feels like my head is going to explode.  A combination of old and new MRI's and CT scans shows a lot of scar tissue of the brain caused by various forms of mini-strokes. The scans include evidence of microhemorrhaging after a TIA in November 2016.

The advanced testing on the spinal fluid and other tests shows the neurological system is highly inflamed.

Third, the spurs on my spinal bone have continued to grow to the point of damaging the nerve endings around the lumbar spine.  The VA worked on this 2-3 years ago and then gave up when the injections failed.

If we can reduce the inflammation of the neurological system we can reduce the headaches.  So as a neurosurgeon he is going to try some new injections.  If they do not solve the problem with the inflammation he will then try another procedure.  If that fails then it is surgury to repair the spinal cord and remove the spurs.

There is nothing they can do about the mini-strokes.  The damage is short term other then the scar tissue.  In the old days they treated with Plavix, but research shows taking the 81 mg aspirin is safer and just as effective.

So for now a lot of bed rest, and wait for the process to play out.

No comments: