Also known as: scandalous subject matters · scandalous matter
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Allegations in a pleading that are disgraceful or offensive and bear no essential relationship to any claim or defense. Such matter may be removed because it serves only to embarrass a party or distract from the issues in dispute.
Allegations in a pleading that are disgraceful or offensive and bear no essential relationship to any claim or defense. Such matter may be removed because it serves only to embarrass a party or distract from the issues in dispute.
Select any source to read its text and confirm it supports the definition.
A word, phrase, symbol, or graphic depiction that is shockingly offensive to social mores. The Patent and Trademark Office may refuse registration on that ground under the Lanham Act.
Select any source to read its text and confirm it supports the definition.
A word, phrase, symbol, or graphic depiction that is shockingly offensive to social mores. The Patent and Trademark Office may refuse registration on that ground under the Lanham Act.
Each sense below has its own examples, sources, and questions.
In a contract dispute, Apex Builders included in its answer a paragraph accusing Pinnacle Drywall's owner of domestic violence and alcoholism with no tie to the unpaid invoices. Pinnacle moved to strike the paragraph. The court granted the motion because the accusations were both immaterial to the contract claim and scandalous in nature.
A Minnesota statute authorized injunctions against newspapers that published scandalous or defamatory matter. Near's paper was enjoined under the statute. The Supreme Court held the statute unconstitutional as a prior restraint that violated the First Amendment.
A court may strike scandalous matter on its own initiative or on a party's timely motion under Rule 12(f). The material must be both disgraceful and unrelated to any claim or defense.
Supporting sources
No. Scandalous matter may be stricken at the pleading stage even if it has not been disproven. The rule authorizes removal to prevent prejudice and distraction.
Supporting sources
Scandalous matter is both grossly disgraceful and irrelevant to the issues. Allegations that attack character without advancing a legal theory qualify for striking.
Supporting sources
Yes. Rule 12(f) expressly permits the court to act sua sponte to remove an insufficient defense or scandalous matter from a pleading.
Supporting sources
Simon Tam sought to register the mark The Slants for his band. The PTO refused on the ground that the name was disparaging. The Supreme Court held the refusal unconstitutional because the government may not deny registration based on the viewpoint expressed by the mark.
Erik Brunetti applied to register the mark FUCT for his clothing line. The PTO denied registration on the ground that the mark was immoral or scandalous. The Supreme Court held that the Lanham Act's prohibition on scandalous marks violates the First Amendment because it discriminates on the basis of viewpoint.
The Act contains a prohibition, but the Supreme Court has held that viewpoint-based refusals of scandalous or disparaging marks violate the First Amendment.
Supporting sources
…libel but at an existing business which, generally speaking, involves more than libel." It is aimed at the distribution of scandalous matter as "detrimental to public morals and to the general welfare," tending "to disturb the peace of the community" and "to provoke assaults and the commission of crime." In order to obtain an…