Supreme Court Holds That The Disparagement Clause Of The Lanham Act Is Unconstitutional In Matal v. Tam

Fitzpatrick Case Update
June 19, 2017

On June 19, 2017, the Supreme Court held that “the disparagement clause” of the Lanham Act is unconstitutional under the First Amendment’s Free Speech Clause. Unanimously affirming the Court of Appeals for the Federal Circuit, the Court explained that the clause “offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”

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