Implications of Recent Supreme Court Free Speech Decision - McDermott Will & Emery

Implications of Recent Supreme Court Free Speech Decision

Overview


Marc Sorini and Ellie Atkins wrote this bylined article on the Supreme Court’s Matal v. Tam decision, which declared the Trademark Act’s disparagement clause an unconstitutional violation of First Amendment free speech. The authors wrote that the decision “adds an additional precedent to these First Amendment principles, highlighting that distillers have substantial protections for messages deemed inappropriate by certain governmental bodies.”