Simon Shiao Tam's response to the government's request that the U.S. Supreme Court review the decision in In re Tam, 808 F.3d 1321 (Fed. Cir. 2015), as corrected (Feb 11, 2016). In that case, the United States Court of Appeals for the Federal Circuit held, in reversing the Trademark Trials and Appeal Board of the Patent and Trademark Office's refusal to register the trademark THE SLANTS to our client Simon Tam, that Section 2(a) of the Lanham Act's prohibition against registration of "disparaging" trademarks is unconstitutional under the First Amendment.
This response, primarily credited to Stuart Banner and Eugene Volokh from the UCLA School of Law Supreme Court Clinic, to the government's request for a writ of certiorari expands the discussion beyond In re Tam.