Free Speech Wins (Again) at the Supreme Court

If you’re a lawyer arguing against free speech at the Supreme Court, be prepared to lose. Today the Court affirmed once again the Constitution’s strong protections against governmental viewpoint discrimination, even when the viewpoint discrimination is directed against “offensive” speech. In Matal v. Tam, the Court considered the U.S. Patent and Trademark Office’s refusal to register a trademark for a band called “The Slants” on the grounds that the name violated provisions of the Lanham Act that prohibited registering trademarks that “disparage . . . or bring into contemp[t] or disrepute” any “persons, living or dead.” Given existing First Amendment
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Author: David French