First Amendment News


Following along the course set in Matal v. Tam, the Supreme Court has ruled in Iancu v. Brunetti that the Lanham Act’s prohibition on registration of immoral or scandalous trademarks violates the First Amendment.

Justice Kagan wrote the decision which was joined by Thomas, Ginsburg, Alito, Gorsuch, and Kavanaugh. Alito wrote a concurring opinion. Roberts and Breyer filed opinions concurring in part and dissenting in part. Sotomayor filed an opinion concurring in part and dissenting in part which Breyer joined.

UPDATE—From today’s opinion:

The government may not discriminate against speech based on the ideas or opinions it conveys.

UPDATE 2—Justice Alito, concurring:

But in many countries with constitutions or legal traditions that claim to protect freedom of speech, serious viewpoint discrimination is now tolerated, and such discrimination has become increasingly prevalent in this country. At a time when free speech is under attack, it is especially important for this Court to remain firm on the principle that the First Amendment does not tolerate viewpoint discrimination.

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