Congressional Digest

Supreme Court Debates March 2017 No. 3 Vol. 20
U.S. Chamber of Commerce, Amicus Curiae

Offensive Trademarks

Free Speech and Protection for "Disparaging" Words

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U.S. Chamber of Commerce, Amicus Curiae

Eugene Scalia, Counsel of Record

The U.S. Chamber of Commerce is the world’s largest business federation, representing more than 300,000 member companies and professional organizations. Eugene Scalia is a partner with the law firm Gibson Dunn, where he specializes in labor, privacy, and corporate law. The following is excerpted from the Amicus Curiae Brief for Respondent as submitted to the U.S. Supreme Court on December 16, 2016. This Court has long condemned viewpoint-based regulation of speech, whether the setting is political, cultural, or commercial. The anti-disparagement provision of Section 2(a) of the Lanham Act violates this longstanding prohibition on viewpoint-based regulation and burdens the freedom…

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