On June 19, 2017, the U.S. Supreme Court, in Matal v. Tam, held that the disparagement clause of the Lanham Act violates the First Amendment’s free speech clause. In a unanimous decision, the Court found that the portion of Section 2(a) of the Lanham Act that bars federal registration of trademarks that disparage persons, institutions, or beliefs constitutes unlawful viewpoint discrimination under the First Amendment.
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