In an 8-0 ruling, the U.S. Supreme Court this week struck down a provision of the federal Lanham Act prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.” In doing so, the Court found the disparagement clause to be facially unconstitutional in light of the First Amendment’s Free Speech Clause. Writing for the Court, Justice Alito noted that under the First Amendment, “Speech may not be banned on the ground that it expresses ideas that offend.” The Court’s decision is seen as a significant win for free speech advocates across the political spectrum, including the NFL’s Washington Redskins. Though not parties to the instant case, in 2014 the NFL franchise had six of its trademarks cancelled by the Trademark Trials and Appeals Board of the U.S. Patent and Trademark Office, in response to objections raised by a Native American group.
