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Free Speech Constitutional Challenges

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

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The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...more

Littler

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Littler on

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has...more

Dorsey & Whitney LLP

The Supreme Court Update - July 2, 2024

Dorsey & Whitney LLP on

On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more

Akerman LLP

Content-Based but Viewpoint-Neutral: Federal Trademark Law “Names Clause” Withstands Constitutional Challenge

Akerman LLP on

There has long been a tension between the Free Speech Clause of the First Amendment of the U.S. Constitution and federal trademark law. In two relatively recent Supreme Court trademark cases, the First Amendment won, enabling...more

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

Epstein Becker & Green on

The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

Irwin IP LLP

Supreme Court Rules: Elster Can Say "Trump Too Small" But Can't Trademark It!

Irwin IP LLP on

Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment,...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

McDermott Will & Emery

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

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In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Troutman Pepper

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Troutman Pepper on

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

Genova Burns LLC

Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the Future

Genova Burns LLC on

Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SCOTUS Rules on "Trump Too Small"—Third Recent Ruling on First Amendment Implications for Lanham Act 

The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more

Kilpatrick

Vidal v. Elster: The Supreme Court Affirms the Constitutionality of Section 2(c) of the Lanham Act

Kilpatrick on

In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more

Polsinelli

Supreme Court Upholds Refusal to Register Trademark Containing the Name of Living Individual – Donald Trump

Polsinelli on

In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Nossaman LLP

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

Nossaman LLP on

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

FordHarrison

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

FordHarrison on

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Weintraub Tobin

(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

Weintraub Tobin on

The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more

Weintraub Tobin

The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

Weintraub Tobin on

The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more

Seyfarth Shaw LLP

Lanham Act May “Trump” First Amendment (For Once)

Seyfarth Shaw LLP on

In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Rules Texas Drone Law Not Facially Unconstitutional

The U.S. Court of Appeals for the Fifth Circuit reversed a district court’s 2022 ruling on the constitutionality of Texas Chapter 423 law (i.e., the drone law) which restricts the actions of drones. Nat’l Press Photographers...more

Holland & Knight LLP

Fifth Circuit Upholds Nasdaq Board Diversity Rule

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Last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq's board diversity rule, which the SEC first approved in August 2021 and was then challenged as unconstitutionally discriminatory and an improper...more

Wyrick Robbins Yates & Ponton LLP

Nothing But NetChoice: Federal Court Blocks Enforcement of California Age-Appropriate Design Code

A federal court in the Northern District of California recently granted a preliminary injunction in NetChoice v. Bonta that enjoins enforcement of the California Age-Appropriate Design Code (“Code”), which would have taken...more

Burr & Forman

Medicare Announced First 10 Drugs for Upcoming Price Negotiations

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In 2024, Medicare will, for the first time, have authority under the Inflation Reduction Act passed in 2022 to negotiate drug prices with pharmaceutical manufacturers. On August 29, the Centers for Medicare and Medicaid...more

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