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In Matal v. Tam , the Supreme Court threw out the “disparagement clause” of the Lanham Act, the federal trademark law, because trademarks are private speech and thus regulating them based on government determinations of offensiveness violates the First Amendment. The solid outcome here contrasts with the narrow, incremental results in some other recent First Amendment cases that reached the Court.
Clay Calvert, Beyond Trademarks and Offense: Tam and the Justices’ Evolution on Free Speech, 2017 Cato Sup. Ct. Rev. 25