text:
United States Supreme Court
MATAL, INTERIM DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE v. TAM, (2017)
No. 15-1293
Argued: January 18, 2017    Decided: June 19, 2017
Simon Tam, lead singer of the rock group "The Slants," chose this moniker in order to "reclaim" the term and drain its denigrating force as a derogatory term for Asian persons. Tam sought federal registration of the mark "THE SLANTS." The Patent and Trademark Office (PTO) denied the application under a Lanham Act provision prohibiting the registration of trademarks that may "disparage . . . or bring . . . into contemp[t] or disrepute" any "persons, living or dead." 15 U. S. C. §1052(a). Tam contested the denial of registration through the administrative appeals process, to no avail. He then took the case to federal court, where the en banc Federal Circuit ultimately found the disparagement clause facially unconstitutional under the First Amendment's Free Speech Clause.

Held: The judgment is affirmed.

808 F. 3d 1321, affirmed.

     JUSTICE ALITO delivered the opinion of the Court with respect to Parts I, II, and III-A, concluding:

     1. The disparagement clause applies to marks that disparage the members of a racial or ethnic group. Tam's view, that the clause applies only to natural or juristic persons, is refuted by the plain terms of the clause, which uses the word "persons." A mark that disparages a "substantial" percentage of the members of a racial or ethnic group necessarily disparages many "persons," namely, members of that group. Tam's narrow reading also clashes with the breadth of the disparagement clause, which by its terms applies not just to "persons," but also to "institutions" and "beliefs." §1052(a). Had Congress wanted to confine the reach of the clause, it could have used the phrase "particular living individual," which it used in neighboring §1052(c). Tam contends that his interpretation is supported by legislative history and by the PTO's practice for many years of registering marks that plainly denigrated certain groups. But an inquiry into the meaning of the statute's text ceases when, as here, "the statutory language is unambiguous and the statutory scheme is coherent and consistent." Barnhart v. Sigmon Coal Co., 534 U. S. 438, 450 (internal quotation marks omitted). Even if resort to legislative history and early enforcement practice were appropriate, Tam has presented nothing showing a congressional intent to adopt his interpretation, and the PTO's practice in the years following the disparagement clause's enactment is unenlightening. Pp. 8-12.

     2. The disparagement clause violates the First Amendment's Free Speech Clause. Contrary to the Government's contention, trademarks are private, not government speech. Because the "Free Speech Clause . . . does not regulate government speech," Pleasant Grove City v. Summum, 555 U. S. 460, 467, the government is not required to maintain viewpoint neutrality on its own speech. This Court exercises great caution in extending its government-speech precedents, for if private speech could be passed off as government speech by simply affixing a government seal of approval, government could silence or muffle the expression of disfavored viewpoints.

     The Federal Government does not dream up the trademarks registered by the PTO. Except as required by §1052(a), an examiner may not reject a mark based on the viewpoint that it appears to express. If the mark meets the Lanham Act's viewpoint-neutral requirements, registration is mandatory. And once a mark is registered, the PTO is not authorized to remove it from the register unless a party moves for cancellation, the registration expires, or the Federal Trade Commission initiates proceedings based on certain grounds. It is thus far-fetched to suggest that the content of a registered mark is government speech, especially given the fact that if trademarks become government speech when they are registered, the Federal Government is babbling prodigiously and incoherently. And none of this Court's government-speech cases supports the idea that registered trademarks are government speech. Johanns v. Livestock Marketing Assn., 544 U. S. 550; Pleasant Grove City v. Summum, 555 U. S. 460; and Walker v. Texas Div., Sons of Confederate Veterans, Inc., 576 U. S. ___, distinguished. Holding that the registration of a trademark converts the mark into government speech would constitute a huge and dangerous extension of the government-speech doctrine, for other systems of government registration (such as copyright) could easily be characterized in the same way. Pp. 12-18.

     JUSTICE ALITO, joined by THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE BREYER, concluded in Parts III-B, III-C, and IV:

     (a) The Government's argument that this case is governed by the Court's subsidized-speech cases is unpersuasive. Those cases all involved cash subsidies or their equivalent, e.g., funds to private parties for family planning services in Rust v. Sullivan, 500 U. S. 173, and cash grants to artists in National Endowment for Arts v. Finley, 524 U. S. 569. The federal registration of a trademark is nothing like these programs. The PTO does not pay money to parties seeking registration of a mark; it requires the payment of fees to file an application and to maintain the registration once it is granted. The Government responds that registration provides valuable non-monetary benefits traceable to the Government's resources devoted to registering the marks, but nearly every government service requires the expenditure of government funds. This is true of services that benefit everyone, like police and fire protection, as well as services that are utilized by only some, e.g., the adjudication of private lawsuits and the use of public parks and highways. Pp. 18-20.

     (b) Also unpersuasive is the Government's claim that the disparagement clause is constitutional under a "government-program" doctrine, an argument which is based on a merger of this Court's government-speech cases and subsidy cases. It points to two cases involving a public employer's collection of union dues from its employees, Davenport v. Washington Ed. Assn., 551 U. S. 177, and Ysursa v. Pocatello Ed. Assn., 555 U. S. 353, but these cases occupy a special area of First Amendment case law that is far removed from the registration of trademarks. Cases in which government creates a limited public forum for private speech, thus allowing for some content- and speaker-based restrictions, see, e.g., Good News Club v. Milford Central School, 533 U. S. 98, 106-107; Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 831, are potentially more analogous. But even in those cases, viewpoint discrimination is forbidden. The disparagement clause denies registration to any mark that is offensive to a substantial percentage of the members of any group. That is viewpoint discrimination in the sense relevant here: Giving offense is a viewpoint. The "public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers." Street v. New York, 394 U. S. 576, 592. Pp. 20-23.

     (c) The dispute between the parties over whether trademarks are commercial speech subject to the relaxed scrutiny outlined in Central Hudson Gas & Elect. v. Public Serv. Comm'n of N. Y., 447 U. S. 557, need not be resolved here because the disparagement clause cannot withstand even Central Hudson review. Under Central Hudson, a restriction of speech must serve "a substantial interest" and be "narrowly drawn." Id., at 564-565 (internal quotation marks omitted). One purported interest is in preventing speech expressing ideas that offend, but that idea strikes at the heart of the First Amendment. The second interest asserted is protecting the orderly flow of commerce from disruption caused by trademarks that support invidious discrimination; but the clause, which reaches any trademark that disparages any person, group, or institution, is not narrowly drawn. Pp.  23-26.

     JUSTICE KENNEDY, joined by JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN, agreed that 15 U. S. C. §1052(a) constitutes viewpoint discrimination, concluding:

     (a) With few narrow exceptions, a fundamental principle of the First Amendment is that the government may not punish or suppress speech based on disapproval of the ideas or perspectives the speech conveys. See Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 828-829. The test for viewpoint discrimination is whether--within the relevant subject category--the government has singled out a subset of messages for disfavor based on the views expressed. Here, the disparagement clause identifies the relevant subject as "persons, living or dead, institutions, beliefs, or national symbols," §1052(a); and within that category, an applicant may register a positive or benign mark but not a derogatory one. The law thus reflects the Government's disapproval of a subset of messages it finds offensive, the essence of viewpoint discrimination. The Government's arguments in defense of the statute are unpersuasive. Pp. 2-5.

     (b) Regardless of whether trademarks are commercial speech, the viewpoint based discrimination here necessarily invokes heightened scrutiny. See Sorrell v. IMS Health Inc., 564 U. S. 552, 566. To the extent trademarks qualify as commercial speech, they are an example of why that category does not serve as a blanket exemption from the First Amendment's requirement of viewpoint neutrality. In the realm of trademarks, the metaphorical marketplace of ideas becomes a tangible, powerful reality. To permit viewpoint discrimination in this context is to permit Government censorship. Pp. 5-7.

     ALITO, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, in which ROBERTS, C. J., and KENNEDY, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined, and in which THOMAS, J., joined except for Part II, and an opinion with respect to Parts III-B, III-C, and IV, in which ROBERTS, C. J., and THOMAS and BREYER, JJ., joined. KENNEDY, J., filed an opinion concurring in part and concurring in the judgment, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. THOMAS, J., filed an opinion concurring in part and concurring in the judgment. GORSUCH, J., took no part in the consideration or decision of the case.

Opinion of the Court

 582 U. S. ____ (2017)

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

No. 15-1293

JOSEPH MATAL, INTERIM DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, PETITIONER v. SIMON SHIAO TAM

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

[June 19, 2017]

     JUSTICE ALITO announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with respect to Parts III-B, III-C, and IV, in which THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE BREYER join.

     This case concerns a dance-rock band's application for federal trademark registration of the band's name, "The Slants." "Slants" is a derogatory term for persons of Asian descent, and members of the band are Asian-Americans. But the band members believe that by taking that slur as the name of their group, they will help to "reclaim" the term and drain its denigrating force.

     The Patent and Trademark Office (PTO) denied the application based on a provision of federal law prohibiting the registration of trademarks that may "disparage . . . or bring . . . into contemp[t] or disrepute" any "persons, living or dead." 15 U. S. C. §1052(a). We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.

I

A

     "The principle underlying trademark protection is that distinctive marks--words, names, symbols, and the like--can help distinguish a particular artisan's goods from those of others." B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U. S. ___, ___ (2015) (slip op., at 3); see also Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U. S. 205, 212 (2000). A trademark "designate[s] the goods as the product of a particular trader" and "protect[s] his good will against the sale of another's product as his." United Drug Co. v. Theodore Rectanus Co., 248 U. S. 90, 97 (1918); see also Hanover Star Milling Co. v. Metcalf, 240 U. S. 403, 412-413 (1916). It helps consumers identify goods and services that they wish to purchase, as well as those they want to avoid. See Wal-Mart Stores, supra, at 212-213; Park 'N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U. S. 189, 198 (1985).

     "[F]ederal law does not create trademarks." B&B Hardware, supra, at ___ (slip op., at 3). Trademarks and their precursors have ancient origins, and trademarks were protected at common law and in equity at the time of the founding of our country. 3 J. McCarthy, Trademarks and Unfair Competition §19:8 (4th ed. 2017) (hereinafter McCarthy); 1 id., §§5:1, 5:2, 5:3; Pattishal, The Constitutional Foundations of American Trademark Law, 78 Trademark Rep. 456, 457-458 (1988); Pattishall, Two Hundred Years of American Trademark Law, 68 Trademark Rep. 121, 121-123 (1978); see Trade-Mark Cases, 100 U. S. 82, 92 (1879). For most of the 19th century, trademark protection was the province of the States. See Two Pesos, Inc. v. Taco Cabana, Inc., 505 U. S. 763, 780-782 (1992) (Stevens, J., concurring in judgment); id., at 785 (THOMAS, J., concurring in judgment). Eventually, Congress stepped in to provide a degree of national uniformity, passing the first federal legislation protecting trademarks in 1870. See Act of July 8, 1870, §§77-84, 16 Stat. 210-212. The foundation of current federal trademark law is the Lanham Act, enacted in 1946. See Act of July 5, 1946, ch. 540, 60 Stat. 427. By that time, trademark had expanded far beyond phrases that do no more than identify a good or service. Then, as now, trademarks often consisted of catchy phrases that convey a message.

     Under the Lanham Act, trademarks that are "used in commerce" may be placed on the "principal register," that is, they may be federally registered. 15 U. S. C. §1051(a)(1). And some marks "capable of distinguishing [an] applicant's goods or services and not registrable on the principal register . . . which are in lawful use in commerce by the owner thereof" may instead be placed on a different federal register: the supplemental register. §1091(a). There are now more than two million marks that have active federal certificates of registration. PTO Performance and Accountability Report, Fiscal Year 2016, p. 192 (Table 15), https://www.uspto.gov/sites/default/files/ documents/USPTOFY16PAR.pdf (all Internet materials as last visited June 16, 2017). This system of federal registration helps to ensure that trademarks are fully protected and supports the free flow of commerce. "[N]ational protection of trademarks is desirable," we have explained, "because trademarks foster competition and the maintenance of quality by securing to the producer the benefits of good reputation." San Francisco Arts & Athletics, Inc. v. United States Olympic Comm., 483 U. S. 522, 531 (1987) (internal quotation marks omitted); see also Park 'N Fly, Inc., supra, at 198 ("The Lanham Act provides national protection of trademarks in order to secure to the owner of the mark the goodwill of his business and to protect the ability of consumers to distinguish among competing producers").

B

     Without federal registration, a valid trademark may still be used in commerce. See 3 McCarthy §19:8. And an unregistered trademark can be enforced against would-be infringers in several ways. Most important, even if a trademark is not federally registered, it may still be enforceable under §43(a) of the Lanham Act, which creates a federal cause of action for trademark infringement. See Two Pesos, supra, at 768 ("Section 43(a) prohibits a broader range of practices than does §32, which applies to registered marks, but it is common ground that §43(a) protects qualifying unregistered trademarks" (internal quotation marks and citation omitted)).1 Unregistered trademarks may also be entitled to protection under other federal statutes, such as the Anticybersquatting Consumer Protection Act, 15 U. S. C. §1125(d). See 5 McCarthy §25A:49, at 25A-198 ("[T]here is no requirement [in the Anticybersquatting Act] that the protected 'mark' be registered: unregistered common law marks are protected by the Act"). And an unregistered trademark can be enforced under state common law, or if it has been registered in a State, under that State's registration system. See 3 id., §19:3, at 19-23 (explaining that "[t]he federal system of registration and protection does not preempt parallel state law protection, either by state common law or state registration" and "[i]n the vast majority of situations, federal and state trademark law peacefully coexist"); id., §22:1 (discussing state trademark registration systems).

     Federal registration, however, "confers important legal rights and benefits on trademark owners who register their marks." B&B Hardware, 575 U. S., at ___ (slip op., at 3) (internal quotation marks omitted). Registration on the principal register (1) "serves as 'constructive notice of the registrant's claim of ownership' of the mark," ibid. (quoting 15 U. S. C. §1072); (2) "is 'prima facie evidence of the validity of the registered mark and of the registration of the mark, of the owner's ownership of the mark, and of the owner's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate,' " B & B Hardware, 575 U. S. ___ (slip op., at 3) (quoting §1057(b)); and (3) can make a mark " 'incontestable' " once a mark has been registered for five years," ibid. (quoting §§1065, 1115(b)); see Park 'N Fly, 469 U. S., at 193. Registration also enables the trademark holder "to stop the importation into the United States of articles bearing an infringing mark." 3 McCarthy §19:9, at 19-38; see 15 U. S. C. §1124.

C

     The Lanham Act contains provisions that bar certain trademarks from the principal register. For example, a trademark cannot be registered if it is "merely descriptive or deceptively misdescriptive" of goods, §1052(e)(1), or if it is so similar to an already registered trademark or trade name that it is "likely . . . to cause confusion, or to cause mistake, or to deceive," §1052(d).

     At issue in this case is one such provision, which we will call "the disparagement clause." This provision prohibits the registration of a trademark "which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." §1052(a).2 This clause appeared in the original Lanham Act and has remained the same to this day. See §2(a), 60 Stat. 428.

     When deciding whether a trademark is disparaging, an examiner at the PTO generally applies a "two-part test." The examiner first considers "the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods or services, and the manner in which the mark is used in the marketplace in connection with the goods or services." Trademark Manual of Examining Procedure §1203.03(b)(i) (Apr. 2017), p. 1200-150, http://tmep.uspto.gov. "If that meaning is found to refer to identifiable persons, institutions, beliefs or national symbols," the examiner moves to the second step, asking "whether that meaning may be disparaging to a substantial composite3 of the referenced group." Ibid. If the examiner finds that a "substantial composite, although not necessarily a majority, of the referenced group would find the proposed mark . . . to be disparaging in the context of contemporary attitudes," a prima facie case of disparagement is made out, and the burden shifts to the applicant to prove that the trademark is not disparaging. Ibid. What is more, the PTO has specified that "[t]he fact that an applicant may be a member of that group or has good intentions underlying its use of a term does not obviate the fact that a substantial composite of the referenced group would find the term objectionable." Ibid.

D

     Simon Tam is the lead singer of "The Slants." In re Tam, 808 F. 3d 1321, 1331 (CA Fed. 2015) (en banc), as corrected (Feb. 11, 2016). He chose this moniker in order to "reclaim" and "take ownership" of stereotypes about people of Asian ethnicity. Ibid. (internal quotation marks omitted). The group "draws inspiration for its lyrics from childhood slurs and mocking nursery rhymes" and has given its albums names such as "The Yellow Album" and "Slanted Eyes, Slanted Hearts." Ibid.

     Tam sought federal registration of "THE SLANTS," on the principal register, App. 17, but an examining attorney at the PTO rejected the request, applying the PTO's two-part framework and finding that "there is . . . a substantial composite of persons who find the term in the applied-for mark offensive." Id., at 30. The examining attorney relied in part on the fact that "numerous dictionaries define 'slants' or 'slant-eyes' as a derogatory or offensive term." Id., at 29. The examining attorney also relied on a finding that "the band's name has been found offensive numerous times"--citing a performance that was canceled because of the band's moniker and the fact that "several bloggers and commenters to articles on the band have indicated that they find the term and the applied-for mark offensive." Id., at 29-30.

     Tam contested the denial of registration before the examining attorney and before the PTO's Trademark Trial and Appeal Board (TTAB) but to no avail. Eventually, he took the case to federal court, where the en banc Federal Circuit ultimately found the disparagement clause facially unconstitutional under the First Amendment's Free Speech Clause. The majority found that the clause engages in viewpoint-based discrimination, that the clause regulates the expressive component of trademarks and consequently cannot be treated as commercial speech, and that the clause is subject to and cannot satisfy strict scrutiny. See 808 F. 3d, at 1334-1339. The majority also rejected the Government's argument that registered trademarks constitute government speech, as well as the Government's contention that federal registration is a form of government subsidy. See id., at 1339-1355. And the majority opined that even if the disparagement clause were analyzed under this Court's commercial speech cases, the clause would fail the "intermediate scrutiny" that those cases prescribe. See id., at 1355-1357.

     Several judges wrote separately, advancing an assortment of theories. Concurring, Judge O'Malley agreed with the majority's reasoning but added that the disparagement clause is unconstitutionally vague. See id., at 1358-1363. Judge Dyk concurred in part and dissented in part. He argued that trademark registration is a government subsidy and that the disparagement clause is facially constitutional, but he found the clause unconstitutional as applied to THE SLANTS because that mark constitutes "core expression" and was not adopted for the purpose of disparaging Asian-Americans. See id., at 1363-1374. In dissent, Judge Lourie agreed with Judge Dyk that the clause is facially constitutional but concluded for a variety of reasons that it is also constitutional as applied in this case. See id., at 1374-1376. Judge Reyna also dissented, maintaining that trademarks are commercial speech and that the disparagement clause survives intermediate scrutiny because it "directly advances the government's substantial interest in the orderly flow of commerce." See id., at 1376-1382.

     The Government filed a petition for certiorari, which we granted in order to decide whether the disparagement clause "is facially invalid under the Free Speech Clause of the First Amendment." Pet. for Cert. i; see sub. nom. Lee v. Tam, 579 U. S. ___ (2016).

II

     Before reaching the question whether the disparagement clause violates the First Amendment, we consider Tam's argument that the clause does not reach marks that disparage racial or ethnic groups. The clause prohibits the registration of marks that disparage "persons," and Tam claims that the term "persons" "includes only natural and juristic persons," not "non-juristic entities such as racial and ethnic groups." Brief for Respondent 46.

     Tam never raised this argument before the PTO or the Federal Circuit, and we declined to grant certiorari on this question when Tam asked us to do so, see Brief Responding to Petition for Certiorari, pp. i, 17-21. Normally, that would be the end of the matter in this Court. See, e.g., Yee v. Escondido, 503 U. S. 519, 534-538 (1992); Freytag v. Commissioner, 501 U. S. 868, 894-895 (1991) (Scalia, J., concurring in part and concurring in judgment).

      But as the Government pointed out in connection with its petition for certiorari, accepting Tam's statutory interpretation would resolve this case and leave the First Amendment question for another day. See Reply Brief 9. "[W]e have often stressed" that it is "importan[t] [to] avoid[d] the premature adjudication of constitutional questions," Clinton v. Jones, 520 U. S. 681, 690 (1997), and that "we ought not to pass on questions of constitutionality . . . unless such adjudication is unavoidable," Spector Motor Service, Inc. v. McLaughlin, 323 U. S. 101, 105 (1944). See also Alabama State Federation of Labor v. McAdory, 325 U. S. 450, 461 (1945); Burton v. United States, 196 U. S. 283, 295 (1905). We thus begin by explaining why Tam's argument about the definition of "persons" in the Lanham Act is meritless.

     As noted, the disparagement clause prohibits the registration of trademarks "which may disparage . . . persons, living or dead." 15 U. S. C. §1052(a). Tam points to a definition of "person" in the Lanham Act, which provides that "[i]n the construction of this chapter, unless the contrary is plainly apparent from the context . . . [t]he term 'person' and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person." §1127. Because racial and ethnic groups are neither natural nor "juristic" persons, Tam asserts, these groups fall outside this definition. Brief for Respondent 46-48.

     Tam's argument is refuted by the plain terms of the disparagement clause. The clause applies to marks that disparage "persons." A mark that disparages a "substantial" percentage of the members of a racial or ethnic group, Trademark Manual §1203.03(b)(i), at 1200-150, necessarily disparages many "persons," namely, members of that group. Tam's argument would fail even if the clause used the singular term "person," but Congress' use of the plural "persons" makes the point doubly clear.4

     Tam's narrow reading of the term "persons" also clashes with the breadth of the disparagement clause. By its terms, the clause applies to marks that disparage, not just "persons," but also "institutions" and "beliefs." 15 U. S. C. §1052(a). It thus applies to the members of any group whose members share particular "beliefs," such as political, ideological, and religious groups. It applies to marks that denigrate "institutions," and on Tam's reading, it also reaches "juristic" persons such as corporations, unions, and other unincorporated associations. See §1127. Thus, the clause is not limited to marks that disparage a particular natural person. If Congress had wanted to confine the reach of the disparagement clause in the way that Tam suggests, it would have been easy to do so. A neighboring provision of the Lanham Act denies registration to any trademark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent." §1052(c) (emphasis added).

     Tam contends that his interpretation of the disparagement clause is supported by its legislative history and by the PTO's willingness for many years to register marks that plainly denigrated African-Americans and Native Americans. These arguments are unpersuasive. As always, our inquiry into the meaning of the statute's text ceases when "the statutory language is unambiguous and the statutory scheme is coherent and consistent." Barnhart v. Sigmon Coal Co., 534 U. S. 438, 450 (2002) (internal quotation marks omitted). Here, it is clear that the prohibition against registering trademarks "which may disparage . . . persons," §1052(a), prohibits registration of terms that disparage persons who share a common race or ethnicity.

     Even if resort to legislative history and early enforcement practice were appropriate, we would find Tam's arguments unconvincing. Tam has not brought to our attention any evidence in the legislative history showing that Congress meant to adopt his interpretation. And the practice of the PTO in the years following the enactment of the disparagement clause is unenlightening. The admitted vagueness of the disparagement test5 and the huge volume of applications have produced a haphazard record of enforcement. (Even today, the principal register is replete with marks that many would regard as disparaging to racial and ethnic groups.6) Registration of the offensive marks that Tam cites is likely attributable not to the acceptance of his interpretation of the clause but to other factors--most likely the regrettable attitudes and sensibilities of the time in question.

III

     Because the disparagement clause applies to marks that disparage the members of a racial or ethnic group, we must decide whether the clause violates the Free Speech Clause of the First Amendment. And at the outset, we must consider three arguments that would either eliminate any First Amendment protection or result in highly permissive rational-basis review. Specifically, the Government contends (1) that trademarks are government speech, not private speech, (2) that trademarks are a form of government subsidy, and (3) that the constitutionality of the disparagement clause should be tested under a new "government-program" doctrine. We address each of these arguments below.

A

     The First Amendment prohibits Congress and other government entities and actors from "abridging the freedom of speech"; the First Amendment does not say that Congress and other government entities must abridge their own ability to speak freely. And our cases recognize that "[t]he Free Speech Clause . . . does not regulate government speech." Pleasant Grove City v. Summum, 555 U. S. 460, 467 (2009); see Johanns v. Livestock Marketing Assn., 544 U. S. 550, 553 (2005) ("[T]he Government's own speech . . . is exempt from First Amendment scrutiny"); Board of Regents of Univ. of Wis. System v. Southworth, 529 U. S. 217, 235 (2000).

     As we have said, "it is not easy to imagine how government could function" if it were subject to the restrictions that the First Amendment imposes on private speech. Summum, supra, at 468; see Walker v. Texas Div., Sons of Confederate Veterans, Inc., 576 U. S. ___, ___-___ (2015) (slip op., at 5-7). " '[T]he First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others,' " Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U. S. 384, 394 (1993), but imposing a requirement of viewpoint-neutrality on government speech would be paralyzing. When a government entity embarks on a course of action, it necessarily takes a particular viewpoint and rejects others. The Free Speech Clause does not require government to maintain viewpoint neutrality when its officers and employees speak about that venture.

     Here is a simple example. During the Second World War, the Federal Government produced and distributed millions of posters to promote the war effort.7 There were posters urging enlistment, the purchase of war bonds, and the conservation of scarce resources.8 These posters expressed a viewpoint, but the First Amendment did not demand that the Government balance the message of these posters by producing and distributing posters encouraging Americans to refrain from engaging in these activities.

     But while the government-speech doctrine is important--indeed, essential--it is a doctrine that is susceptible to dangerous misuse. If private speech could be passed off as government speech by simply affixing a government seal of approval, government could silence or muffle the expression of disfavored viewpoints. For this reason, we must exercise great caution before extending our government-speech precedents.

     At issue here is the content of trademarks that are registered by the PTO, an arm of the Federal Government. The Federal Government does not dream up these marks, and it does not edit marks submitted for registration. Except as required by the statute involved here, 15 U. S. C. §1052(a), an examiner may not reject a mark based on the viewpoint that it appears to express. Thus, unless that section is thought to apply, an examiner does not inquire whether any viewpoint conveyed by a mark is consistent with Government policy or whether any such viewpoint is consistent with that expressed by other marks already on the principal register. Instead, if the mark meets the Lanham Act's viewpoint-neutral requirements, registration is mandatory. Ibid. (requiring that "[n]o trademark . . . shall be refused registration on the principal register on account of its nature unless" it falls within an enumerated statutory exception). And if an examiner finds that a mark is eligible for placement on the principal register, that decision is not reviewed by any higher official unless the registration is challenged. See §§1062(a), 1071; 37 CFR §41.31(a) (2016). Moreover, once a mark is registered, the PTO is not authorized to remove it from the register unless a party moves for cancellation, the registration expires, or the Federal Trade Commission initiates proceedings based on certain grounds. See 15 U. S. C. §§1058(a), 1059, 1064; 37 CFR §§2.111(b), 2.160.

     In light of all this, it is far-fetched to suggest that the content of a registered mark is government speech. If the federal registration of a trademark makes the mark government speech, the Federal Government is babbling prodigiously and incoherently. It is saying many unseemly things. See App. to Brief for Pro-Football, Inc., as Amicus Curiae. It is expressing contradictory views.9 It is unashamedly endorsing a vast array of commercial products and services. And it is providing Delphic advice to the consuming public.

     For example, if trademarks represent government speech, what does the Government have in mind when it advises Americans to "make.believe" (Sony),10 "Think different" (Apple),11 "Just do it" (Nike),12 or "Have it your way" (Burger King)13? Was the Government warning about a coming disaster when it registered the mark "EndTime Ministries"14?

     The PTO has made it clear that registration does not constitute approval of a mark. See In re Old Glory Condom Corp., 26 USPQ 2d 1216, 1220, n. 3 (TTAB 1993) ("[I]ssuance of a trademark registration . . . is not a government imprimatur"). And it is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means. See Application of National Distillers & Chemical Corp., 49 C. C. P. A. (Pat.) 854, 863, 297 F. 2d 941, 949 (1962) (Rich, J., concurring) ("The purchasing public knows no more about trademark registrations than a man walking down the street in a strange city knows about legal title to the land and buildings he passes" (emphasis deleted)).

     None of our government speech cases even remotely supports the idea that registered trademarks are government speech. In Johanns, we considered advertisements promoting the sale of beef products. A federal statute called for the creation of a program of paid advertising " 'to advance the image and desirability of beef and beef products.' " 544 U. S., at 561 (quoting 7 U. S. C. § 2902(13)). Congress and the Secretary of Agriculture provided guidelines for the content of the ads, Department of Agriculture officials attended the meetings at which the content of specific ads was discussed, and the Secretary could edit or reject any proposed ad. 544 U. S., at 561. Noting that "[t]he message set out in the beef promotions [was] from beginning to end the message established by the Federal Government," we held that the ads were government speech. Id., at 560. The Government's involvement in the creation of these beef ads bears no resemblance to anything that occurs when a trademark is registered.

     Our decision in Summum is similarly far afield. A small city park contained 15 monuments. 555 U. S., at 464. Eleven had been donated by private groups, and one of these displayed the Ten Commandments. Id., at 464-465. A religious group claimed that the city, by accepting donated monuments, had created a limited public forum for private speech and was therefore obligated to place in the park a monument expressing the group's religious beliefs.

     Holding that the monuments in the park represented government speech, we cited many factors. Governments have used monuments to speak to the public since ancient times; parks have traditionally been selective in accepting and displaying donated monuments; parks would be overrun if they were obligated to accept all monuments offered by private groups; "[p]ublic parks are often closely identified in the public mind with the government unit that owns the land"; and "[t]he monuments that are accepted . . . are meant to convey and have the effect of conveying a government message." Id., at 472.

     Trademarks share none of these characteristics. Trademarks have not traditionally been used to convey a Government message. With the exception of the enforcement of 15 U. S. C. §1052(a), the viewpoint expressed by a mark has not played a role in the decision whether to place it on the principal register. And there is no evidence that the public associates the contents of trademarks with the Federal Government.

     This brings us to the case on which the Government relies most heavily, Walker, which likely marks the outer bounds of the government-speech doctrine. Holding that the messages on Texas specialty license plates are government speech, the Walker Court cited three factors distilled from Summum. 576 U. S., at ___-___ (slip op., at 7-8). First, license plates have long been used by the States to convey state messages. Id., at ___-___ (slip op., at 9-10). Second, license plates "are often closely identified in the public mind" with the State, since they are manufactured and owned by the State, generally designed by the State, and serve as a form of "government ID." Id., at ___ (slip op., at 10) (internal quotation marks omitted). Third, Texas "maintain[ed] direct control over the messages conveyed on its specialty plates." Id., at ___ (slip op., at 11). As explained above, none of these factors are present in this case.

     In sum, the federal registration of trademarks is vastly different from the beef ads in Johanns, the monuments in Summum, and even the specialty license plates in Walker. Holding that the registration of a trademark converts the mark into government speech would constitute a huge and dangerous extension of the government-speech doctrine. For if the registration of trademarks constituted government speech, other systems of government registration could easily be characterized in the same way.

     Perhaps the most worrisome implication of the Government's argument concerns the system of copyright registration. If federal registration makes a trademark government speech and thus eliminates all First Amendment protection, would the registration of the copyright for a book produce a similar transformation? See 808 F. 3d, at 1346 (explaining that if trademark registration amounts to government speech, "then copyright registration" which "has identical accoutrements" would "likewise amount to government speech").

     The Government attempts to distinguish copyright on the ground that it is " 'the engine of free expression,' " Brief for Petitioner 47 (quoting Eldred v. Ashcroft, 537 U. S. 186, 219 (2003)), but as this case illustrates, trademarks often have an expressive content. Companies spend huge amounts to create and publicize trademarks that convey a message. It is true that the necessary brevity of trademarks limits what they can say. But powerful messages can sometimes be conveyed in just a few words.

     Trademarks are private, not government, speech.

B

     We next address the Government's argument that this case is governed by cases in which this Court has upheld the constitutionality of government programs that subsidized speech expressing a particular viewpoint. These cases implicate a notoriously tricky question of constitutional law. "[W]e have held that the Government 'may not deny a benefit to a person on a basis that infringes his constitutionally protected . . . freedom of speech even if he has no entitlement to that benefit.' " Agency for Int'l Development v. Alliance for Open Society Int'l, Inc., 570 U. S. ___, ___ (2013) (slip op., at 8) (some internal quotation marks omitted). But at the same time, government is not required to subsidize activities that it does not wish to promote. Ibid. Determining which of these principles applies in a particular case "is not always self-evident," id., at ___ (slip op., at 11), but no difficult question is presented here.

     Unlike the present case, the decisions on which the Government relies all involved cash subsidies or their equivalent. In Rust v. Sullivan, 500 U. S. 173 (1991), a federal law provided funds to private parties for family planning services. In National Endowment for Arts v. Finley, 524 U. S. 569 (1998), cash grants were awarded to artists. And federal funding for public libraries was at issue in United States v. American Library Assn., Inc., 539 U. S. 194 (2003). In other cases, we have regarded tax benefits as comparable to cash subsidies. See Regan v. Taxation With Representation of Wash., 461 U. S. 540 (1983); Cammarano v. United States, 358 U. S 498 (1959).

     The federal registration of a trademark is nothing like the programs at issue in these cases. The PTO does not pay money to parties seeking registration of a mark. Quite the contrary is true: An applicant for registration must pay the PTO a filing fee of $225-$600. 37 CFR §2.6(a)(1). (Tam submitted a fee of $275 as part of his application to register THE SLANTS. App. 18.) And to maintain federal registration, the holder of a mark must pay a fee of $300-$500 every 10 years. §2.6(a)(5); see also 15 U. S. C. §1059(a). The Federal Circuit concluded that these fees have fully supported the registration system for the past 27 years. 808 F. 3d, at 1353.

     The Government responds that registration provides valuable non-monetary benefits that "are directly traceable to the resources devoted by the federal government to examining, publishing, and issuing certificates of registration for those marks." Brief for Petitioner 27. But just about every government service requires the expenditure of government funds. This is true of services that benefit everyone, like police and fire protection, as well as services that are utilized by only some, e.g., the adjudication of private lawsuits and the use of public parks and highways.

     Trademark registration is not the only government registration scheme. For example, the Federal Government registers copyrights and patents. State governments and their subdivisions register the title to real property and security interests; they issue driver's licenses, motor vehicle registrations, and hunting, fishing, and boating licenses or permits.

     Cases like Rust and Finley are not instructive in analyzing the constitutionality of restrictions on speech imposed in connection with such services.

C

     Finally, the Government urges us to sustain the disparagement clause under a new doctrine that would apply to "government-program" cases. For the most part, this argument simply merges our government-speech cases and the previously discussed subsidy cases in an attempt to construct a broader doctrine that can be applied to the registration of trademarks. The only new element in this construct consists of two cases involving a public employer's collection of union dues from its employees. But those cases occupy a special area of First Amendment case law, and they are far removed from the registration of trademarks.

     In Davenport v. Washington Ed. Assn., 551 U. S. 177, 181-182 (2007), a Washington law permitted a public employer automatically to deduct from the wages of employees who chose not to join the union the portion of union dues used for activities related to collective bargaining. But unless these employees affirmatively consented, the law did not allow the employer to collect the portion of union dues that would be used in election activities. Id., at 180-182. A public employee union argued that this law unconstitutionally restricted its speech based on its content; that is, the law permitted the employer to assist union speech on matters relating to collective bargaining but made it harder for the union to collect money to support its election activities. Id., at 188. Upholding this law, we characterized it as imposing a "modest limitation" on an "extraordinary benefit," namely, taking money from the wages of non-union members and turning it over to the union free of charge. Id., at 184. Refusing to confer an even greater benefit, we held, did not upset the marketplace of ideas and did not abridge the union's free speech rights. Id., at 189-190.

     Ysursa v. Pocatello Ed. Assn., 555 U. S. 353 (2009), is similar. There, we considered an Idaho law that allowed public employees to elect to have union dues deducted from their wages but did not allow such a deduction for money remitted to the union's political action committee. Id., at 355. We reasoned that the "the government . . . [was] not required to assist others in funding the expression of particular ideas." Id., at 358; see also id., at 355 ("The First Amendment . . . does not confer an affirmative right to use government payroll mechanisms for the purpose of obtaining funds for expression").

     Davenport and Ysursa are akin to our subsidy cases. Although the laws at issue in Davenport and Ysursa did not provide cash subsidies to the unions, they conferred a very valuable benefit--the right to negotiate a collective-bargaining agreement under which non-members would be obligated to pay an agency fee that the public employer would collect and turn over to the union free of charge. As in the cash subsidy cases, the laws conferred this benefit because it was thought that this arrangement served important government interests. See Abood v. Detroit Bd. of Ed., 431 U. S. 209, 224-226 (1977). But the challenged laws did not go further and provide convenient collection mechanisms for money to be used in political activities. In essence, the Washington and Idaho lawmakers chose to confer a substantial non-cash benefit for the purpose of furthering activities that they particularly desired to promote but not to provide a similar benefit for the purpose of furthering other activities. Thus, Davenport and Ysursa are no more relevant for present purposes than the subsidy cases previously discussed.15

     Potentially more analogous are cases in which a unit of government creates a limited public forum for private speech. See, e.g., Good News Club v. Milford Central School, 533 U. S. 98, 106-107 (2001); Rosenberger v. Rec-tor and Visitors of Univ. of Va., 515 U. S. 819, 831 (1995); Lamb's Chapel, 508 U. S., at 392-393. See also Legal Services Corporation v. Velazquez, 531 U. S. 533, 541-544 (2001). When government creates such a forum, in either a literal or "metaphysical" sense, see Rosenberger, 515 U. S., at 830, some content- and speaker-based restrictions may be allowed, see id., at 830-831. However, even in such cases, what we have termed "viewpoint discrimination" is forbidden. Id., at 831.

     Our cases use the term "viewpoint" discrimination in a broad sense, see ibid., and in that sense, the disparagement clause discriminates on the bases of "viewpoint." To be sure, the clause evenhandedly prohibits disparagement of all groups. It applies equally to marks that damn Democrats and Republicans, capitalists and socialists, and those arrayed on both sides of every possible issue. It denies registration to any mark that is offensive to a substantial percentage of the members of any group. But in the sense relevant here, that is viewpoint discrimination: Giving offense is a viewpoint.

     We have said time and again that "the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers." Street v. New York, 394 U. S. 576, 592 (1969). See also Texas v. Johnson, 491 U. S. 397, 414 (1989) ("If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable"); Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 55-56 (1988); Coates v. Cincinnati, 402 U. S. 611, 615 (1971); Bachellar v. Maryland, 397 U. S. 564, 567 (1970); Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 509-514 (1969); Cox v. Louisiana, 379 U. S. 536, 551 (1965); Edwards v. South Carolina, 372 U. S. 229, 237-238 (1963); Terminiello v. Chicago, 337 U. S. 1, 4-5 (1949); Cantwell v. Connecticut, 310 U. S. 296, 311 (1940); Schneider v. State (Town of Irvington), 308 U. S. 147, 161 (1939); De Jonge v. Oregon, 299 U. S. 353, 365 (1937).

     For this reason, the disparagement clause cannot be saved by analyzing it as a type of government program in which some content- and speaker-based restrictions are permitted.16

IV

     Having concluded that the disparagement clause cannot be sustained under our government-speech or subsidy cases or under the Government's proposed "government-program" doctrine, we must confront a dispute between the parties on the question whether trademarks are commercial speech and are thus subject to the relaxed scrutiny outlined in Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557 (1980). The Government and amici supporting its position argue that all trademarks are commercial speech. They note that the central purposes of trademarks are commercial and that federal law regulates trademarks to promote fair and orderly interstate commerce. Tam and his amici, on the other hand, contend that many, if not all, trademarks have an expressive component. In other words, these trademarks do not simply identify the source of a product or service but go on to say something more, either about the product or service or some broader issue. The trademark in this case illustrates this point. The name "The Slants" not only identifies the band but expresses a view about social issues.

     We need not resolve this debate between the parties because the disparagement clause cannot withstand even Central Hudson review.17 Under Central Hudson, a restriction of speech must serve "a substantial interest," and it must be "narrowly drawn." Id., at 564-565 (internal quotation marks omitted). This means, among other things, that "[t]he regulatory technique may extend only as far as the interest it serves." Id., at 565. The disparagement clause fails this requirement.

     It is claimed that the disparagement clause serves two interests. The first is phrased in a variety of ways in the briefs. Echoing language in one of the opinions below, the Government asserts an interest in preventing " 'underrepresented groups' " from being " 'bombarded with demeaning messages in commercial advertising.' " Brief for Petitioner 48 (quoting 808 F. 3d, at 1364 (Dyk, J., concurring in part and dissenting in part)). An amicus supporting the Government refers to "encouraging racial tolerance and protecting the privacy and welfare of individuals." Brief for Native American Organizations as Amici Curiae 21. But no matter how the point is phrased, its unmistakable thrust is this: The Government has an interest in preventing speech expressing ideas that offend. And, as we have explained, that idea strikes at the heart of the First Amendment.  Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express "the thought that we hate." United States v. Schwimmer, 279 U. S. 644, 655 (1929) (Holmes, J., dissenting).

     The second interest asserted is protecting the orderly flow of commerce. See 808 F. 3d, at 1379-1381 (Reyna, J., dissenting); Brief for Petitioner 49; Brief for Native American Organizations as Amicus Curiae 18-21. Commerce, we are told, is disrupted by trademarks that "involv[e] disparagement of race, gender, ethnicity, national origin, religion, sexual orientation, and similar demographic classification." 808 F. 3d, at 1380-1381 (opinion of Reyna, J.). Such trademarks are analogized to discriminatory conduct, which has been recognized to have an adverse effect on commerce. See ibid.; Brief for Petitioner 49; Brief for Native American Organizations as Amici Curiae 18-20.

     A simple answer to this argument is that the disparagement clause is not "narrowly drawn" to drive out trademarks that support invidious discrimination. The clause reaches any trademark that disparages any person, group, or institution. It applies to trademarks like the following: "Down with racists," "Down with sexists," "Down with homophobes." It is not an anti-discrimination clause; it is a happy-talk clause. In this way, it goes much further than is necessary to serve the interest asserted.

     The clause is far too broad in other ways as well. The clause protects every person living or dead as well as every institution. Is it conceivable that commerce would be disrupted by a trademark saying: "James Buchanan was a disastrous president" or "Slavery is an evil institution"?

     There is also a deeper problem with the argument that commercial speech may be cleansed of any expression likely to cause offense. The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates. If affixing the commercial label permits the suppression of any speech that may lead to political or social "volatility," free speech would be endangered.

*  *  *

     For these reasons, we hold that the disparagement clause violates the Free Speech Clause of the First Amendment. The judgment of the Federal Circuit is affirmed.

It is so ordered.

     JUSTICE GORSUCH took no part in the consideration or decision of this case.

Opinion of KENNEDY, J.

 582 U. S. ____ (2017)

No. 15-1293

JOSEPH MATAL, INTERIM DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, PETITIONER v. SIMON SHIAO TAM

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

[June 19, 2017]

     JUSTICE KENNEDY, with whom JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN join, concurring in part and concurring in the judgment.

     The Patent and Trademark Office (PTO) has denied the substantial benefits of federal trademark registration to the mark THE SLANTS. The PTO did so under the mandate of the disparagement clause in 15 U. S. C. §1052(a), which prohibits the registration of marks that may "disparage . . . or bring . . . into contemp[t] or disrepute" any "persons, living or dead, institutions, beliefs, or national symbols."

     As the Court is correct to hold, §1052(a) constitutes viewpoint discrimination--a form of speech suppression so potent that it must be subject to rigorous constitutional scrutiny. The Government's action and the statute on which it is based cannot survive this scrutiny.

     The Court is correct in its judgment, and I join Parts I, II, and III-A of its opinion. This separate writing explains in greater detail why the First Amendment's protections against viewpoint discrimination apply to the trademark here. It submits further that the viewpoint discrimination rationale renders unnecessary any extended treatment of other questions raised by the parties.

I

     Those few categories of speech that the government can regulate or punish--for instance, fraud, defamation, or incitement--are well established within our constitutional tradition. See United States v. Stevens, 559 U. S. 460, 468 (2010). Aside from these and a few other narrow exceptions, it is a fundamental principle of the First Amendment that the government may not punish or suppress speech based on disapproval of the ideas or perspectives the speech conveys. See Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 828-829 (1995).

     The First Amendment guards against laws "targeted at specific subject matter," a form of speech suppression known as content based discrimination. Reed v. Town of Gilbert, 576 U. S. ___, ___ (2015) (slip op., at 12). This category includes a subtype of laws that go further, aimed at the suppression of "particular views . . . on a subject." Rosenberger, 515 U. S., at 829. A law found to discriminate based on viewpoint is an "egregious form of content discrimination," which is "presumptively unconstitutional." Id., at 829-830.

     At its most basic, the test for viewpoint discrimination is whether--within the relevant subject category--the government has singled out a subset of messages for disfavor based on the views expressed. See Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U. S. 788, 806 (1985) ("[T]he government violates the First Amendment when it denies access to a speaker solely to suppress the point of view he espouses on an otherwise includible subject"). In the instant case, the disparagement clause the Government now seeks to implement and enforce identifies the relevant subject as "persons, living or dead, institutions, beliefs, or national symbols." 15 U. S. C. §1052(a). Within that category, an applicant may register a positive or benign mark but not a derogatory one. The law thus reflects the Government's disapproval of a subset of messages it finds offensive. This is the essence of viewpoint discrimination.

     The Government disputes this conclusion. It argues, to begin with, that the law is viewpoint neutral because it applies in equal measure to any trademark that demeans or offends. This misses the point. A subject that is first defined by content and then regulated or censored by mandating only one sort of comment is not viewpoint neutral. To prohibit all sides from criticizing their opponents makes a law more viewpoint based, not less so. Cf. Rosenberger, supra, at 831-832 ("The . . . declaration that debate is not skewed so long as multiple voices are silenced is simply wrong; the debate is skewed in multiple ways"). The logic of the Government's rule is that a law would be viewpoint neutral even if it provided that public officials could be praised but not condemned. The First Amendment's viewpoint neutrality principle protects more than the right to identify with a particular side. It protects the right to create and present arguments for particular positions in particular ways, as the speaker chooses. By mandating positivity, the law here might silence dissent and distort the marketplace of ideas.

     The Government next suggests that the statute is viewpoint neutral because the disparagement clause applies to trademarks regardless of the applicant's personal views or reasons for using the mark. Instead, registration is denied based on the expected reaction of the applicant's audience. In this way, the argument goes, it cannot be said that Government is acting with hostility toward a particular point of view. For example, the Government does not dispute that respondent seeks to use his mark in a positive way. Indeed, respondent endeavors to use The Slants to supplant a racial epithet, using new insights, musical talents, and wry humor to make it a badge of pride. Respondent's application was denied not because the Government thought his object was to demean or offend but because the Government thought his trademark would have that effect on at least some Asian-Americans.

     The Government may not insulate a law from charges of viewpoint discrimination by tying censorship to the reaction of the speaker's audience. The Court has suggested that viewpoint discrimination occurs when the government intends to suppress a speaker's beliefs, Reed, supra, at ___-___ (slip op., at 11-12), but viewpoint discrimination need not take that form in every instance. The danger of viewpoint discrimination is that the government is attempting to remove certain ideas or perspectives from a broader debate. That danger is all the greater if the ideas or perspectives are ones a particular audience might think offensive, at least at first hearing. An initial reaction may prompt further reflection, leading to a more reasoned, more tolerant position.

     Indeed, a speech burden based on audience reactions is simply government hostility and intervention in a different guise. The speech is targeted, after all, based on the government's disapproval of the speaker's choice of message. And it is the government itself that is attempting in this case to decide whether the relevant audience would find the speech offensive. For reasons like these, the Court's cases have long prohibited the government from justifying a First Amendment burden by pointing to the offensiveness of the speech to be suppressed. See ante, at 23 (collecting examples).

     The Government's argument in defense of the statute assumes that respondent's mark is a negative comment. In addressing that argument on its own terms, this opinion is not intended to imply that the Government's interpretation is accurate. From respondent's submissions, it is evident he would disagree that his mark means what the Government says it does. The trademark will have the effect, respondent urges, of reclaiming an offensive term for the positive purpose of celebrating all that Asian-Americans can and do contribute to our diverse Nation. Brief for Respondent 1-4, 42-43. While thoughtful persons can agree or disagree with this approach, the dissonance between the trademark's potential to teach and the Government's insistence on its own, opposite, and negative interpretation confirms the constitutional vice of the statute.

II

     The parties dispute whether trademarks are commercial speech and whether trademark registration should be considered a federal subsidy. The former issue may turn on whether certain commercial concerns for the protection of trademarks might, as a general matter, be the basis for regulation. However that issue is resolved, the viewpoint based discrimination at issue here necessarily invokes heightened scrutiny.

     "Commercial speech is no exception," the Court has explained, to the principle that the First Amendment "requires heightened scrutiny whenever the government creates a regulation of speech because of disagreement with the message it conveys." Sorrell v. IMS Health Inc., 564 U. S. 552, 566 (2011) (internal quotation marks omitted). Unlike content based discrimination, discrimination based on viewpoint, including a regulation that targets speech for its offensiveness, remains of serious concern in the commercial context. See Bolger v. Youngs Drug Products Corp., 463 U. S. 60, 65, 71-72 (1983).

     To the extent trademarks qualify as commercial speech, they are an example of why that term or category does not serve as a blanket exemption from the First Amendment's requirement of viewpoint neutrality. Justice Holmes' reference to the "free trade in ideas" and the "power of . . . thought to get itself accepted in the competition of the market," Abrams v. United States, 250 U. S. 616, 630 (1919) (dissenting opinion), was a metaphor. In the realm of trademarks, the metaphorical marketplace of ideas becomes a tangible, powerful reality. Here that real marketplace exists as a matter of state law and our common-law tradition, quite without regard to the Federal Government. See ante, at 2. These marks make up part of the expression of everyday life, as with the names of entertainment groups, broadcast networks, designer clothing, newspapers, automobiles, candy bars, toys, and so on. See Brief for Pro-Football, Inc., as Amicus Curiae 8 (collecting examples). Nonprofit organizations--ranging from medical-research charities and other humanitarian causes to political advocacy groups--also have trademarks, which they use to compete in a real economic sense for funding and other resources as they seek to persuade others to join their cause. See id., at 8-9 (collecting examples). To permit viewpoint discrimination in this context is to permit Government censorship.

     This case does not present the question of how other provisions of the Lanham Act should be analyzed under the First Amendment. It is well settled, for instance, that to the extent a trademark is confusing or misleading the law can protect consumers and trademark owners. See, e.g., FTC v. Winstead Hosiery Co., 285 U. S. 483, 493 (1922) ("The labels in question are literally false, and . . . palpably so. All are, as the Commission found, calculated to deceive and do in fact deceive a substantial portion of the purchasing public"). This case also does not involve laws related to product labeling or otherwise designed to protect consumers. See Sorrell, supra, at 579 ("[T]he government's legitimate interest in protecting consumers from commercial harms explains why commercial speech can be subject to greater governmental regulation than noncommercial speech" (internal quotation marks omitted)). These considerations, however, do not alter the speech principles that bar the viewpoint discrimination embodied in the statutory provision at issue here.

     It is telling that the Court's precedents have recognized just one narrow situation in which viewpoint discrimination is permissible: where the government itself is speaking or recruiting others to communicate a message on its behalf. See Legal Services Corporation v. Velazquez, 531 U. S. 533, 540-542 (2001); Board of Regents of Univ. of Wis. System v. Southworth, 529 U. S. 217, 229, 235 (2000); Rosenberger, 515 U. S., at 833. The exception is necessary to allow the government to stake out positions and pursue policies. See Southworth, supra, at 235; see also ante, at 13-14. But it is also narrow, to prevent the government from claiming that every government program is exempt from the First Amendment. These cases have identified a number of factors that, if present, suggest the government is speaking on its own behalf; but none are present here. See ante, at 14-18.

     There may be situations where private speakers are selected for a government program to assist the government in advancing a particular message. That is not this case either. The central purpose of trademark registration is to facilitate source identification. To serve that broad purpose, the Government has provided the benefits of federal registration to millions of marks identifying every type of product and cause. Registered trademarks do so by means of a wide diversity of words, symbols, and messages. Whether a mark is disparaging bears no plausible relation to that goal. While defining the purpose and scope of a federal program for these purposes can be complex, see, e.g., Agency for Int'l Development v. Alliance for Open Society Int'l, Inc., 570 U. S. ___, ___ (2013) (slip op., at 8), our cases are clear that viewpoint discrimination is not permitted where, as here, the Government "expends funds to encourage a diversity of views from private speakers," Velazquez, supra, at 542 (internal quotation marks omitted).

*  *  *

     A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government's benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.

     For these reasons, I join the Court's opinion in part and concur in the judgment.

THOMAS, J., concurring

 582 U. S. ____ (2017)

No. 15-1293

JOSEPH MATAL, INTERIM DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, PETITIONER v. SIMON SHIAO TAM

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

[June 19, 2017]

     JUSTICE THOMAS, concurring in part and concurring in the judgment.

     I join the opinion of JUSTICE ALITO, except for Part II. Respondent failed to present his statutory argument either to the Patent and Trademark Office or to the Court of Appeals, and we declined respondent's invitation to grant certiorari on this question. Ante, at 9. I see no reason to address this legal question in the first instance. See Star Athletica, L. L. C. v. Varsity Brands, Inc., 580 U. S. ___, ___ (2017) (slip op., at 6).

     I also write separately because "I continue to believe that when the government seeks to restrict truthful speech in order to suppress the ideas it conveys, strict scrutiny is appropriate, whether or not the speech in question may be characterized as 'commercial.' " Lorillard Tobacco Co. v. Reilly, 533 U. S. 525, 572 (2001) (THOMAS, J., concurring in part and concurring in judgment); see also, e.g., 44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484, 518 (1996) (same). I nonetheless join Part IV of JUSTICE ALITO's opinion because it correctly concludes that the disparagement clause, 15 U. S. C. §1052(a), is unconstitutional even under the less stringent test announced in Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557 (1980).

FOOTNOTES

Footnote 1
 In the opinion below, the Federal Circuit opined that although "Section 43(a) allows for a federal suit to protect an unregistered trademark," "it is not at all clear" that respondent could bring suit under §43(a) because "there is no authority extending §43(a) to marks denied under §2(a)'s disparagement provision." In re Tam, 808 F. 3d 1321, 1344-1345, n.11 (en banc), as corrected (Feb. 11, 2016). When drawing this conclusion, the Federal Circuit relied in part on our statement in Two Pesos that "the general principles qualifying a mark for registration under §2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under §43(a)." 505 U. S., at 768. We need not decide today whether respondent could bring suit under §43(a) if his application for federal registration had been lawfully denied under the disparagement clause.

Footnote 2
 The disparagement clause also prevents a trademark from being registered on the supplemental register. §1091(a).

Footnote 3
 By "composite," we assume the PTO means component.

Footnote 4
 Tam advances a convoluted textual argument that goes as follows. The definition of a "person" in 15 U. S. C. §1127 does not include a "non-juristic person," i.e., a group that cannot sue or be sued in its own right. Brief for Respondent 46-47. Such groups consist of multiple natural persons. Therefore, the members of such groups are not "persons" under the disparagement clause. Id., at 46-48.

     This argument leads to the absurd result that no person is a "person" within the meaning of the disparagement clause. This is so because every person is a member of a "non-juristic" group, e.g., right-handers, left-handers, women, men, people born on odd-numbered days, people born on even-numbered days.

Footnote 5
 The PTO has acknowledged that the guidelines "for determining whether a mark is scandalous or disparaging are somewhat vague and the determination of whether a mark is scandalous or disparaging is necessarily a highly subjective one." In re In Over Our Heads, Inc., 16 USPQ 2d 1653, 1654 (TTAB 1990) (brackets and internal quotation marks omitted). The PTO has similarly observed that whether a mark is disparaging "is highly subjective and, thus, general rules are difficult to postulate." Harjo v. Pro-Football Inc., 50 USPQ 2d 1705, 1737 (TTAB 1999), rev'd, 284 F. Supp. 2d 96 (DC 2003), rev'd and remanded in part, 415 F. 3d 44 (CADC 2005) (per curiam).

Footnote 6
 See, e.g., App. to Brief for Pro-Football, Inc., as Amicus Curiae.

Footnote 7
 See, e.g., D. Nelson, The Posters That Won the War (1991).

Footnote 8
 Ibid.

Footnote 9
 Compare "Abolish Abortion," Registration No. 4,935,774 (Apr. 12, 2016), with "I Stand With Planned Parenthood," Registration No. 5,073,573 (Nov. 1, 2016); compare "Capitalism Is Not Moral, Not Fair, Not Freedom," Registration No. 4,696,419 (Mar. 3, 2015), with "Capitalism Ensuring Innovation," Registration No. 3,966,092 (May 24, 2011); compare "Global Warming Is Good," Registration No. 4,776,235 (July 21, 2015), with "A Solution to Global Warming," Registration No. 3,875,271 (Nov. 10, 2010).

Footnote 10
 "make.believe," Registration No. 4,342,903 (May 28, 2013).

Footnote 11
 "Think Different," Registration No. 2,707,257 (Apr. 15, 2003).

Footnote 12
 "Just Do It," Registration No. 1,875,307 (Jan. 25, 1995).

Footnote 13
 "Have It Your Way," Registration No. 0,961,016. (June 12, 1973)

Footnote 14
 "EndTime Ministries," Registration No. 4,746,225 (June 2, 2015).

Footnote 15
 While these cases resemble subsidy cases insofar as the free speech rights of unions and their members are concerned, arrangements like those in these cases also implicate the free speech rights of non-union members. Our decision here has no bearing on that issue.

Footnote 16
 We leave open the question whether this is the appropriate framework for analyzing free speech challenges to provisions of the Lanham Act.

Footnote 17
 As with the framework discussed in Part III-C of this opinion, we leave open the question whether Central Hudson provides the appropriate test for deciding free speech challenges to provisions of the Lanham Act. And nothing in our decision should be read to speak to the validity of state unfair competition provisions or product libel laws that are not before us and differ from §1052(d)'s disparagement clause.

label: Sentence

text: United

text: States

text: Supreme

text: Court

text: MATAL

text: INTERIM

text: DIRECTOR

text: UNITED

text: STATES

text: PATENT

text: AND

text: TRADEMARK

text: OFFICE

text: v

text: TAM

text: No

text: Argued

text: January

text: Decided

text: June

text: Simon

text: Tam

text: lead

text: singer

text: of

text: the

text: rock

text: group

text: The

text: Slants

text: chose

text: this

text: moniker

text: in

text: order

text: to

text: reclaim

text: the

text: term

text: and

text: drain

text: its

text: denigrating

text: force

text: as

text: a

text: derogatory

text: term

text: for

text: Asian

text: persons

text: Tam

text: sought

text: federal

text: registration

text: of

text: the

text: mark

text: THE

text: SLANTS

text: The

text: Patent

text: and

text: Trademark

text: Office

text: PTO

text: denied

text: the

text: application

text: under

text: a

text: Lanham

text: Act

text: provision

text: prohibiting

text: the

text: registration

text: of

text: trademarks

text: that

text: may

text: disparage

text: or

text: bring

text: into

text: contemp

text: t

text: or

text: disrepute

text: any

text: persons

text: living

text: or

text: dead

text: U

text: S

text: C

text: a

text: Tam

text: contested

text: the

text: denial

text: of

text: registration

text: through

text: the

text: administrative

text: appeals

text: process

text: to

text: no

text: avail

text: He

text: then

text: took

text: the

text: case

text: to

text: federal

text: court

text: where

text: the

text: en

text: banc

text: Federal

text: Circuit

text: ultimately

text: found

text: the

text: disparagement

text: clause

text: facially

text: unconstitutional

text: under

text: the

text: First

text: Amendment

text: s

text: Free

text: Speech

text: Clause

text: Held

text: The

text: judgment

text: is

text: affirmed

text: F

text: d

text: affirmed

text: JUSTICE

text: ALITO

text: delivered

text: the

text: opinion

text: of

text: the

text: Court

text: with

text: respect

text: to

text: Parts

text: I

text: II

text: and

text: III

text: A

text: concluding

text: The

text: disparagement

text: clause

text: applies

text: to

text: marks

text: that

text: disparage

text: the

text: members

text: of

text: a

text: racial

text: or

text: ethnic

text: group

text: Tam

text: s

text: view

text: that

text: the

text: clause

text: applies

text: only

text: to

text: natural

text: or

text: juristic

text: persons

text: is

text: refuted

text: by

text: the

text: plain

text: terms

text: of

text: the

text: clause

text: which

text: uses

text: the

text: word

text: persons

text: A

text: mark

text: that

text: disparages

text: a

text: substantial

text: percentage

text: of

text: the

text: members

text: of

text: a

text: racial

text: or

text: ethnic

text: group

text: necessarily

text: disparages

text: many

text: persons

text: namely

text: members

text: of

text: that

text: group

text: Tam

text: s

text: narrow

text: reading

text: also

text: clashes

text: with

text: the

text: breadth

text: of

text: the

text: disparagement

text: clause

text: which

text: by

text: its

text: terms

text: applies

text: not

text: just

text: to

text: persons

text: but

text: also

text: to

text: institutions

text: and

text: beliefs

text: a

text: Had

text: Congress

text: wanted

text: to

text: confine

text: the

text: reach

text: of

text: the

text: clause

text: it

text: could

text: have

text: used

text: the

text: phrase

text: particular

text: living

text: individual

text: which

text: it

text: used

text: in

text: neighboring

text: c

text: Tam

text: contends

text: that

text: his

text: interpretation

text: is

text: supported

text: by

text: legislative

text: history

text: and

text: by

text: the

text: PTO

text: s

text: practice

text: for

text: many

text: years

text: of

text: registering

text: marks

text: that

text: plainly

text: denigrated

text: certain

text: groups

text: But

text: an

text: inquiry

text: into

text: the

text: meaning

text: of

text: the

text: statute

text: s

text: text

text: ceases

text: when

text: as

text: here

text: the

text: statutory

text: language

text: is

text: unambiguous

text: and

text: the

text: statutory

text: scheme

text: is

text: coherent

text: and

text: consistent

text: Barnhart

text: v

text: Sigmon

text: Coal

text: Co

text: U

text: S

text: internal

text: quotation

text: marks

text: omitted

text: Even

text: if

text: resort

text: to

text: legislative

text: history

text: and

text: early

text: enforcement

text: practice

text: were

text: appropriate

text: Tam

text: has

text: presented

text: nothing

text: showing

text: a

text: congressional

text: intent

text: to

text: adopt

text: his

text: interpretation

text: and

text: the

text: PTO

text: s

text: practice

text: in

text: the

text: years

text: following

text: the

text: disparagement

text: clause

text: s

text: enactment

text: is

text: unenlightening

text: Pp

text: The

text: disparagement

text: clause

text: violates

text: the

text: First

text: Amendment

text: s

text: Free

text: Speech

text: Clause

text: Contrary

text: to

text: the

text: Government

text: s

text: contention

text: trademarks

text: are

text: private

text: not

text: government

text: speech

text: Because

text: the

text: Free

text: Speech

text: Clause

text: does

text: not

text: regulate

text: government

text: speech

text: Pleasant

text: Grove

text: City

text: v

text: Summum

text: U

text: S

text: the

text: government

text: is

text: not

text: required

text: to

text: maintain

text: viewpoint

text: neutrality

text: on

text: its

text: own

text: speech

text: This

text: Court

text: exercises

text: great

text: caution

text: in

text: extending

text: its

text: government

text: speech

text: precedents

text: for

text: if

text: private

text: speech

text: could

text: be

text: passed

text: off

text: as

text: government

text: speech

text: by

text: simply

text: affixing

text: a

text: government

text: seal

text: of

text: approval

text: government

text: could

text: silence

text: or

text: muffle

text: the

text: expression

text: of

text: disfavored

text: viewpoints

text: The

text: Federal

text: Government

text: does

text: not

text: dream

text: up

text: the

text: trademarks

text: registered

text: by

text: the

text: PTO

text: Except

text: as

text: required

text: by

text: a

text: an

text: examiner

text: may

text: not

text: reject

text: a

text: mark

text: based

text: on

text: the

text: viewpoint

text: that

text: it

text: appears

text: to

text: express

text: If

text: the

text: mark

text: meets

text: the

text: Lanham

text: Act

text: s

text: viewpoint

text: neutral

text: requirements

text: registration

text: is

text: mandatory

text: And

text: once

text: a

text: mark

text: is

text: registered

text: the

text: PTO

text: is

text: not

text: authorized

text: to

text: remove

text: it

text: from

text: the

text: register

text: unless

text: a

text: party

text: moves

text: for

text: cancellation

text: the

text: registration

text: expires

text: or

text: the

text: Federal

text: Trade

text: Commission

text: initiates

text: proceedings

text: based

text: on

text: certain

text: grounds

text: It

text: is

text: thus

text: far

text: fetched

text: to

text: suggest

text: that

text: the

text: content

text: of

text: a

text: registered

text: mark

text: is

text: government

text: speech

text: especially

text: given

text: the

text: fact

text: that

text: if

text: trademarks

text: become

text: government

text: speech

text: when

text: they

text: are

text: registered

text: the

text: Federal

text: Government

text: is

text: babbling

text: prodigiously

text: and

text: incoherently

text: And

text: of

text: this

text: Court

text: s

text: government

text: speech

text: cases

text: supports

text: the

text: idea

text: that

text: registered

text: trademarks

text: are

text: government

text: speech

text: Johanns

text: v

text: Livestock

text: Marketing

text: Assn

text: U

text: S

text: Pleasant

text: Grove

text: City

text: v

text: Summum

text: U

text: S

text: and

text: Walker

text: v

text: Texas

text: Div

text: Sons

text: of

text: Confederate

text: Veterans

text: Inc

text: U

text: S

text: distinguished

text: Holding

text: that

text: the

text: registration

text: of

text: a

text: trademark

text: converts

text: the

text: mark

text: into

text: government

text: speech

text: would

text: constitute

text: a

text: huge

text: and

text: dangerous

text: extension

text: of

text: the

text: government

text: speech

text: doctrine

text: for

text: other

text: systems

text: of

text: government

text: registration

text: such

text: as

text: copyright

text: could

text: easily

text: be

text: characterized

text: in

text: the

text: same

text: way

text: Pp

text: JUSTICE

text: ALITO

text: joined

text: by

text: THE

text: CHIEF

text: JUSTICE

text: JUSTICE

text: THOMAS

text: and

text: JUSTICE

text: BREYER

text: concluded

text: in

text: Parts

text: III

text: B

text: III

text: C

text: and

text: IV

text: a

text: The

text: Government

text: s

text: argument

text: that

text: this

text: case

text: is

text: governed

text: by

text: the

text: Court

text: s

text: subsidized

text: speech

text: cases

text: is

text: unpersuasive

text: Those

text: cases

text: all

text: involved

text: cash

text: subsidies

text: or

text: their

text: equivalent

text: e

text: g

text: funds

text: to

text: private

text: parties

text: for

text: family

text: planning

text: services

text: in

text: Rust

text: v

text: Sullivan

text: U

text: S

text: and

text: cash

text: grants

text: to

text: artists

text: in

text: National

text: Endowment

text: for

text: Arts

text: v

text: Finley

text: U

text: S

text: The

text: federal

text: registration

text: of

text: a

text: trademark

text: is

text: nothing

text: like

text: these

text: programs

text: The

text: PTO

text: does

text: not

text: pay

text: money

text: to

text: parties

text: seeking

text: registration

text: of

text: a

text: mark

text: it

text: requires

text: the

text: payment

text: of

text: fees

text: to

text: file

text: an

text: application

text: and

text: to

text: maintain

text: the

text: registration

text: once

text: it

text: is

text: granted

text: The

text: Government

text: responds

text: that

text: registration

text: provides

text: valuable

text: non

text: monetary

text: benefits

text: traceable

text: to

text: the

text: Government

text: s

text: resources

text: devoted

text: to

text: registering

text: the

text: marks

text: but

text: nearly

text: every

text: government

text: service

text: requires

text: the

text: expenditure

text: of

text: government

text: funds

text: This

text: is

text: true

text: of

text: services

text: that

text: benefit

text: everyone

text: like

text: police

text: and

text: fire

text: protection

text: as

text: well

text: as

text: services

text: that

text: are

text: utilized

text: by

text: only

text: some

text: e

text: g

text: the

text: adjudication

text: of

text: private

text: lawsuits

text: and

text: the

text: use

text: of

text: public

text: parks

text: and

text: highways

text: Pp

text: b

text: Also

text: unpersuasive

text: is

text: the

text: Government

text: s

text: claim

text: that

text: the

text: disparagement

text: clause

text: is

text: constitutional

text: under

text: a

text: government

text: program

text: doctrine

text: an

text: argument

text: which

text: is

text: based

text: on

text: a

text: merger

text: of

text: this

text: Court

text: s

text: government

text: speech

text: cases

text: and

text: subsidy

text: cases

text: It

text: points

text: to

text: two

text: cases

text: involving

text: a

text: public

text: employer

text: s

text: collection

text: of

text: union

text: dues

text: from

text: its

text: employees

text: Davenport

text: v

text: Washington

text: Ed

text: Assn

text: U

text: S

text: and

text: Ysursa

text: v

text: Pocatello

text: Ed

text: Assn

text: U

text: S

text: but

text: these

text: cases

text: occupy

text: a

text: special

text: area

text: of

text: First

text: Amendment

text: case

text: law

text: that

text: is

text: far

text: removed

text: from

text: the

text: registration

text: of

text: trademarks

text: Cases

text: in

text: which

text: government

text: creates

text: a

text: limited

text: public

text: forum

text: for

text: private

text: speech

text: thus

text: allowing

text: for

text: some

text: content

text: and

text: speaker

text: based

text: restrictions

text: see

text: e

text: g

text: Good

text: News

text: Club

text: v

text: Milford

text: Central

text: School

text: U

text: S

text: Rosenberger

text: v

text: Rector

text: and

text: Visitors

text: of

text: Univ

text: of

text: Va

text: U

text: S

text: are

text: potentially

text: more

text: analogous

text: But

text: even

text: in

text: those

text: cases

text: viewpoint

text: discrimination

text: is

text: forbidden

text: The

text: disparagement

text: clause

text: denies

text: registration

text: to

text: any

text: mark

text: that

text: is

text: offensive

text: to

text: a

text: substantial

text: percentage

text: of

text: the

text: members

text: of

text: any

text: group

text: That

text: is

text: viewpoint

text: discrimination

text: in

text: the

text: sense

text: relevant

text: here

text: Giving

text: offense

text: is

text: a

text: viewpoint

text: The

text: public

text: expression

text: of

text: ideas

text: may

text: not

text: be

text: prohibited

text: merely

text: because

text: the

text: ideas

text: are

text: themselves

text: offensive

text: to

text: some

text: of

text: their

text: hearers

text: Street

text: v

text: New

text: York

text: U

text: S

text: Pp

text: c

text: The

text: dispute

text: between

text: the

text: parties

text: over

text: whether

text: trademarks

text: are

text: commercial

text: speech

text: subject

text: to

text: the

text: relaxed

text: scrutiny

text: outlined

text: in

text: Central

text: Hudson

text: Gas

text: Elect

text: v

text: Public

text: Serv

text: Comm

text: n

text: of

text: N

text: Y

text: U

text: S

text: need

text: not

text: be

text: resolved

text: here

text: because

text: the

text: disparagement

text: clause

text: cannot

text: withstand

text: even

text: Central

text: Hudson

text: review

text: Under

text: Central

text: Hudson

text: a

text: restriction

text: of

text: speech

text: must

text: serve

text: a

text: substantial

text: interest

text: and

text: be

text: narrowly

text: drawn

text: Id

text: at

text: internal

text: quotation

text: marks

text: omitted

text: One

text: purported

text: interest

text: is

text: in

text: preventing

text: speech

text: expressing

text: ideas

text: that

text: offend

text: but

text: that

text: idea

text: strikes

text: at

text: the

text: heart

text: of

text: the

text: First

text: Amendment

text: The

text: second

text: interest

text: asserted

text: is

text: protecting

text: the

text: orderly

text: flow

text: of

text: commerce

text: from

text: disruption

text: caused

text: by

text: trademarks

text: that

text: support

text: invidious

text: discrimination

text: but

text: the

text: clause

text: which

text: reaches

text: any

text: trademark

text: that

text: disparages

text: any

text: person

text: group

text: or

text: institution

text: is

text: not

text: narrowly

text: drawn

text: Pp

text: JUSTICE

text: KENNEDY

text: joined

text: by

text: JUSTICE

text: GINSBURG

text: JUSTICE

text: SOTOMAYOR

text: and

text: JUSTICE

text: KAGAN

text: agreed

text: that

text: U

text: S

text: C

text: a

text: constitutes

text: viewpoint

text: discrimination

text: concluding

text: a

text: With

text: few

text: narrow

text: exceptions

text: a

text: fundamental

text: principle

text: of

text: the

text: First

text: Amendment

text: is

text: that

text: the

text: government

text: may

text: not

text: punish

text: or

text: suppress

text: speech

text: based

text: on

text: disapproval

text: of

text: the

text: ideas

text: or

text: perspectives

text: the

text: speech

text: conveys

text: See

text: Rosenberger

text: v

text: Rector

text: and

text: Visitors

text: of

text: Univ

text: of

text: Va

text: U

text: S

text: The

text: test

text: for

text: viewpoint

text: discrimination

text: is

text: whether

text: within

text: the

text: relevant

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text: provision

text: prohibits

text: the

text: registration

text: of

text: a

text: trademark

text: which

text: may

text: disparage

text: persons

text: living

text: or

text: dead

text: institutions

text: beliefs

text: or

text: national

text: symbols

text: or

text: bring

text: them

text: into

text: contempt

text: or

text: disrepute

text: a

text: This

text: clause

text: appeared

text: in

text: the

text: original

text: Lanham

text: Act

text: and

text: has

text: remained

text: the

text: same

text: to

text: this

text: day

text: See

text: a

text: Stat

text: When

text: deciding

text: whether

text: a

text: trademark

text: is

text: disparaging

text: an

text: examiner

text: at

text: the

text: PTO

text: generally

text: applies

text: a

text: two

text: part

text: test

text: The

text: examiner

text: first

text: considers

text: the

text: likely

text: meaning

text: of

text: the

text: matter

text: in

text: question

text: taking

text: into

text: account

text: not

text: only

text: dictionary

text: definitions

text: but

text: also

text: the

text: relationship

text: of

text: the

text: matter

text: to

text: the

text: other

text: elements

text: in

text: the

text: mark

text: the

text: nature

text: of

text: the

text: goods

text: or

text: services

text: and

text: the

text: manner

text: in

text: which

text: the

text: mark

text: is

text: used

text: in

text: the

text: marketplace

text: in

text: connection

text: with

text: the

text: goods

text: or

text: services

text: Trademark

text: Manual

text: of

text: Examining

text: Procedure

text: b

text: i

text: Apr

text: p

text: http

text: tmep

text: uspto

text: gov

text: If

text: that

text: meaning

text: is

text: found

text: to

text: refer

text: to

text: identifiable

text: persons

text: institutions

text: beliefs

text: or

text: national

text: symbols

text: the

text: examiner

text: moves

text: to

text: the

text: second

text: step

text: asking

text: whether

text: that

text: meaning

text: may

text: be

text: disparaging

text: to

text: a

text: substantial

text: composite

text: of

text: the

text: referenced

text: group

text: Ibid

text: If

text: the

text: examiner

text: finds

text: that

text: a

text: substantial

text: composite

text: although

text: not

text: necessarily

text: a

text: majority

text: of

text: the

text: referenced

text: group

text: would

text: find

text: the

text: proposed

text: mark

text: to

text: be

text: disparaging

text: in

text: the

text: context

text: of

text: contemporary

text: attitudes

text: a

text: prima

text: facie

text: case

text: of

text: disparagement

text: is

text: made

text: out

text: and

text: the

text: burden

text: shifts

text: to

text: the

text: applicant

text: to

text: prove

text: that

text: the

text: trademark

text: is

text: not

text: disparaging

text: Ibid

text: What

text: is

text: more

text: the

text: PTO

text: has

text: specified

text: that

text: t

text: he

text: fact

text: that

text: an

text: applicant

text: may

text: be

text: a

text: member

text: of

text: that

text: group

text: or

text: has

text: good

text: intentions

text: underlying

text: its

text: use

text: of

text: a

text: term

text: does

text: not

text: obviate

text: the

text: fact

text: that

text: a

text: substantial

text: composite

text: of

text: the

text: referenced

text: group

text: would

text: find

text: the

text: term

text: objectionable

text: Ibid

text: D

text: Simon

text: Tam

text: is

text: the

text: lead

text: singer

text: of

text: The

text: Slants

text: In

text: re

text: Tam

text: F

text: d

text: CA

text: Fed

text: en

text: banc

text: as

text: corrected

text: Feb

text: He

text: chose

text: this

text: moniker

text: in

text: order

text: to

text: reclaim

text: and

text: take

text: ownership

text: of

text: stereotypes

text: about

text: people

text: of

text: Asian

text: ethnicity

text: Ibid

text: internal

text: quotation

text: marks

text: omitted

text: The

text: group

text: draws

text: inspiration

text: for

text: its

text: lyrics

text: from

text: childhood

text: slurs

text: and

text: mocking

text: nursery

text: rhymes

text: and

text: has

text: given

text: its

text: albums

text: names

text: such

text: as

text: The

text: Yellow

text: Album

text: and

text: Slanted

text: Eyes

text: Slanted

text: Hearts

text: Ibid

text: Tam

text: sought

text: federal

text: registration

text: of

text: THE

text: SLANTS

text: on

text: the

text: principal

text: register

text: App

text: but

text: an

text: examining

text: attorney

text: at

text: the

text: PTO

text: rejected

text: the

text: request

text: applying

text: the

text: PTO

text: s

text: two

text: part

text: framework

text: and

text: finding

text: that

text: there

text: is

text: a

text: substantial

text: composite

text: of

text: persons

text: who

text: find

text: the

text: term

text: in

text: the

text: applied

text: for

text: mark

text: offensive

text: Id

text: at

text: The

text: examining

text: attorney

text: relied

text: in

text: part

text: on

text: the

text: fact

text: that

text: numerous

text: dictionaries

text: define

text: slants

text: or

text: slant

text: eyes

text: as

text: a

text: derogatory

text: or

text: offensive

text: term

text: Id

text: at

text: The

text: examining

text: attorney

text: also

text: relied

text: on

text: a

text: finding

text: that

text: the

text: band

text: s

text: name

text: has

text: been

text: found

text: offensive

text: numerous

text: times

text: citing

text: a

text: performance

text: that

text: was

text: canceled

text: because

text: of

text: the

text: band

text: s

text: moniker

text: and

text: the

text: fact

text: that

text: several

text: bloggers

text: and

text: commenters

text: to

text: articles

text: on

text: the

text: band

text: have

text: indicated

text: that

text: they

text: find

text: the

text: term

text: and

text: the

text: applied

text: for

text: mark

text: offensive

text: Id

text: at

text: Tam

text: contested

text: the

text: denial

text: of

text: registration

text: before

text: the

text: examining

text: attorney

text: and

text: before

text: the

text: PTO

text: s

text: Trademark

text: Trial

text: and

text: Appeal

text: Board

text: TTAB

text: but

text: to

text: no

text: avail

text: Eventually

text: he

text: took

text: the

text: case

text: to

text: federal

text: court

text: where

text: the

text: en

text: banc

text: Federal

text: Circuit

text: ultimately

text: found

text: the

text: disparagement

text: clause

text: facially

text: unconstitutional

text: under

text: the

text: First

text: Amendment

text: s

text: Free

text: Speech

text: Clause

text: The

text: majority

text: found

text: that

text: the

text: clause

text: engages

text: in

text: viewpoint

text: based

text: discrimination

text: that

text: the

text: clause

text: regulates

text: the

text: expressive

text: component

text: of

text: trademarks

text: and

text: consequently

text: cannot

text: be

text: treated

text: as

text: commercial

text: speech

text: and

text: that

text: the

text: clause

text: is

text: subject

text: to

text: and

text: cannot

text: satisfy

text: strict

text: scrutiny

text: See

text: F

text: d

text: at

text: The

text: majority

text: also

text: rejected

text: the

text: Government

text: s

text: argument

text: that

text: registered

text: trademarks

text: constitute

text: government

text: speech

text: as

text: well

text: as

text: the

text: Government

text: s

text: contention

text: that

text: federal

text: registration

text: is

text: a

text: form

text: of

text: government

text: subsidy

text: See

text: id

text: at

text: And

text: the

text: majority

text: opined

text: that

text: even

text: if

text: the

text: disparagement

text: clause

text: were

text: analyzed

text: under

text: this

text: Court

text: s

text: commercial

text: speech

text: cases

text: the

text: clause

text: would

text: fail

text: the

text: intermediate

text: scrutiny

text: that

text: those

text: cases

text: prescribe

text: See

text: id

text: at

text: Several

text: judges

text: wrote

text: separately

text: advancing

text: an

text: assortment

text: of

text: theories

text: Concurring

text: Judge

text: O

text: Malley

text: agreed

text: with

text: the

text: majority

text: s

text: reasoning

text: but

text: added

text: that

text: the

text: disparagement

text: clause

text: is

text: unconstitutionally

text: vague

text: See

text: id

text: at

text: Judge

text: Dyk

text: concurred

text: in

text: part

text: and

text: dissented

text: in

text: part

text: He

text: argued

text: that

text: trademark

text: registration

text: is

text: a

text: government

text: subsidy

text: and

text: that

text: the

text: disparagement

text: clause

text: is

text: facially

text: constitutional

text: but

text: he

text: found

text: the

text: clause

text: unconstitutional

text: as

text: applied

text: to

text: THE

text: SLANTS

text: because

text: that

text: mark

text: constitutes

text: core

text: expression

text: and

text: was

text: not

text: adopted

text: for

text: the

text: purpose

text: of

text: disparaging

text: Asian

text: Americans

text: See

text: id

text: at

text: In

text: dissent

text: Judge

text: Lourie

text: agreed

text: with

text: Judge

text: Dyk

text: that

text: the

text: clause

text: is

text: facially

text: constitutional

text: but

text: concluded

text: for

text: a

text: variety

text: of

text: reasons

text: that

text: it

text: is

text: also

text: constitutional

text: as

text: applied

text: in

text: this

text: case

text: See

text: id

text: at

text: Judge

text: Reyna

text: also

text: dissented

text: maintaining

text: that

text: trademarks

text: are

text: commercial

text: speech

text: and

text: that

text: the

text: disparagement

text: clause

text: survives

text: intermediate

text: scrutiny

text: because

text: it

text: directly

text: advances

text: the

text: government

text: s

text: substantial

text: interest

text: in

text: the

text: orderly

text: flow

text: of

text: commerce

text: See

text: id

text: at

text: The

text: Government

text: filed

text: a

text: petition

text: for

text: certiorari

text: which

text: we

text: granted

text: in

text: order

text: to

text: decide

text: whether

text: the

text: disparagement

text: clause

text: is

text: facially

text: invalid

text: under

text: the

text: Free

text: Speech

text: Clause

text: of

text: the

text: First

text: Amendment

text: Pet

text: for

text: Cert

text: i

text: see

text: sub

text: nom

text: Lee

text: v

text: Tam

text: U

text: S

text: II

text: Before

text: reaching

text: the

text: question

text: whether

text: the

text: disparagement

text: clause

text: violates

text: the

text: First

text: Amendment

text: we

text: consider

text: Tam

text: s

text: argument

text: that

text: the

text: clause

text: does

text: not

text: reach

text: marks

text: that

text: disparage

text: racial

text: or

text: ethnic

text: groups

text: The

text: clause

text: prohibits

text: the

text: registration

text: of

text: marks

text: that

text: disparage

text: persons

text: and

text: Tam

text: claims

text: that

text: the

text: term

text: persons

text: includes

text: only

text: natural

text: and

text: juristic

text: persons

text: not

text: non

text: juristic

text: entities

text: such

text: as

text: racial

text: and

text: ethnic

text: groups

text: Brief

text: for

text: Respondent

text: Tam

text: never

text: raised

text: this

text: argument

text: before

text: the

text: PTO

text: or

text: the

text: Federal

text: Circuit

text: and

text: we

text: declined

text: to

text: grant

text: certiorari

text: on

text: this

text: question

text: when

text: Tam

text: asked

text: us

text: to

text: do

text: so

text: see

text: Brief

text: Responding

text: to

text: Petition

text: for

text: Certiorari

text: pp

text: i

text: Normally

text: that

text: would

text: be

text: the

text: end

text: of

text: the

text: matter

text: in

text: this

text: Court

text: See

text: e

text: g

text: Yee

text: v

text: Escondido

text: U

text: S

text: Freytag

text: v

text: Commissioner

text: U

text: S

text: Scalia

text: J

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: judgment

text: But

text: as

text: the

text: Government

text: pointed

text: out

text: in

text: connection

text: with

text: its

text: petition

text: for

text: certiorari

text: accepting

text: Tam

text: s

text: statutory

text: interpretation

text: would

text: resolve

text: this

text: case

text: and

text: leave

text: the

text: First

text: Amendment

text: question

text: for

text: another

text: day

text: See

text: Reply

text: Brief

text: W

text: e

text: have

text: often

text: stressed

text: that

text: it

text: is

text: importan

text: t

text: to

text: avoid

text: d

text: the

text: premature

text: adjudication

text: of

text: constitutional

text: questions

text: Clinton

text: v

text: Jones

text: U

text: S

text: and

text: that

text: we

text: ought

text: not

text: to

text: pass

text: on

text: questions

text: of

text: constitutionality

text: unless

text: such

text: adjudication

text: is

text: unavoidable

text: Spector

text: Motor

text: Service

text: Inc

text: v

text: McLaughlin

text: U

text: S

text: See

text: also

text: Alabama

text: State

text: Federation

text: of

text: Labor

text: v

text: McAdory

text: U

text: S

text: Burton

text: v

text: United

text: States

text: U

text: S

text: We

text: thus

text: begin

text: by

text: explaining

text: why

text: Tam

text: s

text: argument

text: about

text: the

text: definition

text: of

text: persons

text: in

text: the

text: Lanham

text: Act

text: is

text: meritless

text: As

text: noted

text: the

text: disparagement

text: clause

text: prohibits

text: the

text: registration

text: of

text: trademarks

text: which

text: may

text: disparage

text: persons

text: living

text: or

text: dead

text: U

text: S

text: C

text: a

text: Tam

text: points

text: to

text: a

text: definition

text: of

text: person

text: in

text: the

text: Lanham

text: Act

text: which

text: provides

text: that

text: i

text: n

text: the

text: construction

text: of

text: this

text: chapter

text: unless

text: the

text: contrary

text: is

text: plainly

text: apparent

text: from

text: the

text: context

text: t

text: he

text: term

text: person

text: and

text: any

text: other

text: word

text: or

text: term

text: used

text: to

text: designate

text: the

text: applicant

text: or

text: other

text: entitled

text: to

text: a

text: benefit

text: or

text: privilege

text: or

text: rendered

text: liable

text: under

text: the

text: provisions

text: of

text: this

text: chapter

text: includes

text: a

text: juristic

text: person

text: as

text: well

text: as

text: a

text: natural

text: person

text: Because

text: racial

text: and

text: ethnic

text: groups

text: are

text: neither

text: natural

text: nor

text: juristic

text: persons

text: Tam

text: asserts

text: these

text: groups

text: fall

text: outside

text: this

text: definition

text: Brief

text: for

text: Respondent

text: Tam

text: s

text: argument

text: is

text: refuted

text: by

text: the

text: plain

text: terms

text: of

text: the

text: disparagement

text: clause

text: The

text: clause

text: applies

text: to

text: marks

text: that

text: disparage

text: persons

text: A

text: mark

text: that

text: disparages

text: a

text: substantial

text: percentage

text: of

text: the

text: members

text: of

text: a

text: racial

text: or

text: ethnic

text: group

text: Trademark

text: Manual

text: b

text: i

text: at

text: necessarily

text: disparages

text: many

text: persons

text: namely

text: members

text: of

text: that

text: group

text: Tam

text: s

text: argument

text: would

text: fail

text: even

text: if

text: the

text: clause

text: used

text: the

text: singular

text: term

text: person

text: but

text: Congress

text: use

text: of

text: the

text: plural

text: persons

text: makes

text: the

text: point

text: doubly

text: clear

text: Tam

text: s

text: narrow

text: reading

text: of

text: the

text: term

text: persons

text: also

text: clashes

text: with

text: the

text: breadth

text: of

text: the

text: disparagement

text: clause

text: By

text: its

text: terms

text: the

text: clause

text: applies

text: to

text: marks

text: that

text: disparage

text: not

text: just

text: persons

text: but

text: also

text: institutions

text: and

text: beliefs

text: U

text: S

text: C

text: a

text: It

text: thus

text: applies

text: to

text: the

text: members

text: of

text: any

text: group

text: whose

text: members

text: share

text: particular

text: beliefs

text: such

text: as

text: political

text: ideological

text: and

text: religious

text: groups

text: It

text: applies

text: to

text: marks

text: that

text: denigrate

text: institutions

text: and

text: on

text: Tam

text: s

text: reading

text: it

text: also

text: reaches

text: juristic

text: persons

text: such

text: as

text: corporations

text: unions

text: and

text: other

text: unincorporated

text: associations

text: See

text: Thus

text: the

text: clause

text: is

text: not

text: limited

text: to

text: marks

text: that

text: disparage

text: a

text: particular

text: natural

text: person

text: If

text: Congress

text: had

text: wanted

text: to

text: confine

text: the

text: reach

text: of

text: the

text: disparagement

text: clause

text: in

text: the

text: way

text: that

text: Tam

text: suggests

text: it

text: would

text: have

text: been

text: easy

text: to

text: do

text: so

text: A

text: neighboring

text: provision

text: of

text: the

text: Lanham

text: Act

text: denies

text: registration

text: to

text: any

text: trademark

text: that

text: c

text: onsists

text: of

text: or

text: comprises

text: a

text: name

text: portrait

text: or

text: signature

text: identifying

text: a

text: particular

text: living

text: individual

text: except

text: by

text: his

text: written

text: consent

text: c

text: emphasis

text: added

text: Tam

text: contends

text: that

text: his

text: interpretation

text: of

text: the

text: disparagement

text: clause

text: is

text: supported

text: by

text: its

text: legislative

text: history

text: and

text: by

text: the

text: PTO

text: s

text: willingness

text: for

text: many

text: years

text: to

text: register

text: marks

text: that

text: plainly

text: denigrated

text: African

text: Americans

text: and

text: Native

text: Americans

text: These

text: arguments

text: are

text: unpersuasive

text: As

text: always

text: our

text: inquiry

text: into

text: the

text: meaning

text: of

text: the

text: statute

text: s

text: text

text: ceases

text: when

text: the

text: statutory

text: language

text: is

text: unambiguous

text: and

text: the

text: statutory

text: scheme

text: is

text: coherent

text: and

text: consistent

text: Barnhart

text: v

text: Sigmon

text: Coal

text: Co

text: U

text: S

text: internal

text: quotation

text: marks

text: omitted

text: Here

text: it

text: is

text: clear

text: that

text: the

text: prohibition

text: against

text: registering

text: trademarks

text: which

text: may

text: disparage

text: persons

text: a

text: prohibits

text: registration

text: of

text: terms

text: that

text: disparage

text: persons

text: who

text: share

text: a

text: common

text: race

text: or

text: ethnicity

text: Even

text: if

text: resort

text: to

text: legislative

text: history

text: and

text: early

text: enforcement

text: practice

text: were

text: appropriate

text: we

text: would

text: find

text: Tam

text: s

text: arguments

text: unconvincing

text: Tam

text: has

text: not

text: brought

text: to

text: our

text: attention

text: any

text: evidence

text: in

text: the

text: legislative

text: history

text: showing

text: that

text: Congress

text: meant

text: to

text: adopt

text: his

text: interpretation

text: And

text: the

text: practice

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text: the

text: PTO

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text: the

text: years

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text: the

text: enactment

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text: the

text: disparagement

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text: admitted

text: vagueness

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text: the

text: disparagement

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text: the

text: huge

text: volume

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text: applications

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text: produced

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text: haphazard

text: record

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text: enforcement

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text: principal

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text: replete

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text: marks

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text: regard

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text: ethnic

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text: cites

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text: acceptance

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text: interpretation

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text: time

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text: Free

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text: at

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text: trademarks

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text: form

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text: government

text: subsidy

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text: constitutionality

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text: disparagement

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text: The

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text: freedom

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text: Congress

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text: t

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text: U

text: S

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text: exempt

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text: Univ

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text: imagine

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text: government

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text: restrictions

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text: private

text: speech

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text: the

text: government

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text: regulate

text: speech

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text: ways

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text: the

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text: a

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text: Free

text: Speech

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text: not

text: require

text: government

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text: maintain

text: viewpoint

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text: the

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text: Government

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text: message

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text: posters

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text: distributing

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text: refrain

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text: engaging

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text: government

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text: doctrine

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text: government

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text: government

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text: silence

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text: expression

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text: issue

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text: Federal

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text: viewpoint

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text: principal

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text: placement

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text: the

text: principal

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text: decision

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text: any

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text: Agriculture

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text: content

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text: monuments

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text: parks

text: have

text: traditionally

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text: accepting

text: and

text: displaying

text: donated

text: monuments

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text: be

text: overrun

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text: accept

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text: monuments

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text: often

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text: public

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text: the

text: government

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text: owns

text: the

text: land

text: and

text: t

text: he

text: monuments

text: that

text: are

text: accepted

text: are

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text: to

text: convey

text: and

text: have

text: the

text: effect

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text: a

text: government

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text: of

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text: a

text: Government

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text: the

text: exception

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text: enforcement

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text: U

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text: viewpoint

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text: principal

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text: there

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text: evidence

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text: trademarks

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text: brings

text: us

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text: case

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text: government

text: speech

text: would

text: constitute

text: a

text: huge

text: and

text: dangerous

text: extension

text: of

text: the

text: government

text: speech

text: doctrine

text: For

text: if

text: the

text: registration

text: of

text: trademarks

text: constituted

text: government

text: speech

text: other

text: systems

text: of

text: government

text: registration

text: could

text: easily

text: be

text: characterized

text: in

text: the

text: same

text: way

text: Perhaps

text: the

text: most

text: worrisome

text: implication

text: of

text: the

text: Government

text: s

text: argument

text: concerns

text: the

text: system

text: of

text: copyright

text: registration

text: If

text: federal

text: registration

text: makes

text: a

text: trademark

text: government

text: speech

text: and

text: thus

text: eliminates

text: all

text: First

text: Amendment

text: protection

text: would

text: the

text: registration

text: of

text: the

text: copyright

text: for

text: a

text: book

text: produce

text: a

text: similar

text: transformation

text: See

text: F

text: d

text: at

text: explaining

text: that

text: if

text: trademark

text: registration

text: amounts

text: to

text: government

text: speech

text: then

text: copyright

text: registration

text: which

text: has

text: identical

text: accoutrements

text: would

text: likewise

text: amount

text: to

text: government

text: speech

text: The

text: Government

text: attempts

text: to

text: distinguish

text: copyright

text: on

text: the

text: ground

text: that

text: it

text: is

text: the

text: engine

text: of

text: free

text: expression

text: Brief

text: for

text: Petitioner

text: quoting

text: Eldred

text: v

text: Ashcroft

text: U

text: S

text: but

text: as

text: this

text: case

text: illustrates

text: trademarks

text: often

text: have

text: an

text: expressive

text: content

text: Companies

text: spend

text: huge

text: amounts

text: to

text: create

text: and

text: publicize

text: trademarks

text: that

text: convey

text: a

text: message

text: It

text: is

text: true

text: that

text: the

text: necessary

text: brevity

text: of

text: trademarks

text: limits

text: what

text: they

text: can

text: say

text: But

text: powerful

text: messages

text: can

text: sometimes

text: be

text: conveyed

text: in

text: just

text: a

text: few

text: words

text: Trademarks

text: are

text: private

text: not

text: government

text: speech

text: B

text: We

text: next

text: address

text: the

text: Government

text: s

text: argument

text: that

text: this

text: case

text: is

text: governed

text: by

text: cases

text: in

text: which

text: this

text: Court

text: has

text: upheld

text: the

text: constitutionality

text: of

text: government

text: programs

text: that

text: subsidized

text: speech

text: expressing

text: a

text: particular

text: viewpoint

text: These

text: cases

text: implicate

text: a

text: notoriously

text: tricky

text: question

text: of

text: constitutional

text: law

text: W

text: e

text: have

text: held

text: that

text: the

text: Government

text: may

text: not

text: deny

text: a

text: benefit

text: to

text: a

text: person

text: on

text: a

text: basis

text: that

text: infringes

text: his

text: constitutionally

text: protected

text: freedom

text: of

text: speech

text: even

text: if

text: he

text: has

text: no

text: entitlement

text: to

text: that

text: benefit

text: Agency

text: for

text: Int

text: l

text: Development

text: v

text: Alliance

text: for

text: Open

text: Society

text: Int

text: l

text: Inc

text: U

text: S

text: slip

text: op

text: at

text: some

text: internal

text: quotation

text: marks

text: omitted

text: But

text: at

text: the

text: same

text: time

text: government

text: is

text: not

text: required

text: to

text: subsidize

text: activities

text: that

text: it

text: does

text: not

text: wish

text: to

text: promote

text: Ibid

text: Determining

text: which

text: of

text: these

text: principles

text: applies

text: in

text: a

text: particular

text: case

text: is

text: not

text: always

text: self

text: evident

text: id

text: at

text: slip

text: op

text: at

text: but

text: no

text: difficult

text: question

text: is

text: presented

text: here

text: Unlike

text: the

text: present

text: case

text: the

text: decisions

text: on

text: which

text: the

text: Government

text: relies

text: all

text: involved

text: cash

text: subsidies

text: or

text: their

text: equivalent

text: In

text: Rust

text: v

text: Sullivan

text: U

text: S

text: a

text: federal

text: law

text: provided

text: funds

text: to

text: private

text: parties

text: for

text: family

text: planning

text: services

text: In

text: National

text: Endowment

text: for

text: Arts

text: v

text: Finley

text: U

text: S

text: cash

text: grants

text: were

text: awarded

text: to

text: artists

text: And

text: federal

text: funding

text: for

text: public

text: libraries

text: was

text: at

text: issue

text: in

text: United

text: States

text: v

text: American

text: Library

text: Assn

text: Inc

text: U

text: S

text: In

text: other

text: cases

text: we

text: have

text: regarded

text: tax

text: benefits

text: as

text: comparable

text: to

text: cash

text: subsidies

text: See

text: Regan

text: v

text: Taxation

text: With

text: Representation

text: of

text: Wash

text: U

text: S

text: Cammarano

text: v

text: United

text: States

text: U

text: S

text: The

text: federal

text: registration

text: of

text: a

text: trademark

text: is

text: nothing

text: like

text: the

text: programs

text: at

text: issue

text: in

text: these

text: cases

text: The

text: PTO

text: does

text: not

text: pay

text: money

text: to

text: parties

text: seeking

text: registration

text: of

text: a

text: mark

text: Quite

text: the

text: contrary

text: is

text: true

text: An

text: applicant

text: for

text: registration

text: must

text: pay

text: the

text: PTO

text: a

text: filing

text: fee

text: of

text: CFR

text: a

text: Tam

text: submitted

text: a

text: fee

text: of

text: as

text: part

text: of

text: his

text: application

text: to

text: register

text: THE

text: SLANTS

text: App

text: And

text: to

text: maintain

text: federal

text: registration

text: the

text: holder

text: of

text: a

text: mark

text: must

text: pay

text: a

text: fee

text: of

text: every

text: years

text: a

text: see

text: also

text: U

text: S

text: C

text: a

text: The

text: Federal

text: Circuit

text: concluded

text: that

text: these

text: fees

text: have

text: fully

text: supported

text: the

text: registration

text: system

text: for

text: the

text: past

text: years

text: F

text: d

text: at

text: The

text: Government

text: responds

text: that

text: registration

text: provides

text: valuable

text: non

text: monetary

text: benefits

text: that

text: are

text: directly

text: traceable

text: to

text: the

text: resources

text: devoted

text: by

text: the

text: federal

text: government

text: to

text: examining

text: publishing

text: and

text: issuing

text: certificates

text: of

text: registration

text: for

text: those

text: marks

text: Brief

text: for

text: Petitioner

text: But

text: just

text: about

text: every

text: government

text: service

text: requires

text: the

text: expenditure

text: of

text: government

text: funds

text: This

text: is

text: true

text: of

text: services

text: that

text: benefit

text: everyone

text: like

text: police

text: and

text: fire

text: protection

text: as

text: well

text: as

text: services

text: that

text: are

text: utilized

text: by

text: only

text: some

text: e

text: g

text: the

text: adjudication

text: of

text: private

text: lawsuits

text: and

text: the

text: use

text: of

text: public

text: parks

text: and

text: highways

text: Trademark

text: registration

text: is

text: not

text: the

text: only

text: government

text: registration

text: scheme

text: For

text: example

text: the

text: Federal

text: Government

text: registers

text: copyrights

text: and

text: patents

text: State

text: governments

text: and

text: their

text: subdivisions

text: register

text: the

text: title

text: to

text: real

text: property

text: and

text: security

text: interests

text: they

text: issue

text: driver

text: s

text: licenses

text: motor

text: vehicle

text: registrations

text: and

text: hunting

text: fishing

text: and

text: boating

text: licenses

text: or

text: permits

text: Cases

text: like

text: Rust

text: and

text: Finley

text: are

text: not

text: instructive

text: in

text: analyzing

text: the

text: constitutionality

text: of

text: restrictions

text: on

text: speech

text: imposed

text: in

text: connection

text: with

text: such

text: services

text: C

text: Finally

text: the

text: Government

text: urges

text: us

text: to

text: sustain

text: the

text: disparagement

text: clause

text: under

text: a

text: new

text: doctrine

text: that

text: would

text: apply

text: to

text: government

text: program

text: cases

text: For

text: the

text: most

text: part

text: this

text: argument

text: simply

text: merges

text: our

text: government

text: speech

text: cases

text: and

text: the

text: previously

text: discussed

text: subsidy

text: cases

text: in

text: an

text: attempt

text: to

text: construct

text: a

text: broader

text: doctrine

text: that

text: can

text: be

text: applied

text: to

text: the

text: registration

text: of

text: trademarks

text: The

text: only

text: new

text: element

text: in

text: this

text: construct

text: consists

text: of

text: two

text: cases

text: involving

text: a

text: public

text: employer

text: s

text: collection

text: of

text: union

text: dues

text: from

text: its

text: employees

text: But

text: those

text: cases

text: occupy

text: a

text: special

text: area

text: of

text: First

text: Amendment

text: case

text: law

text: and

text: they

text: are

text: far

text: removed

text: from

text: the

text: registration

text: of

text: trademarks

text: In

text: Davenport

text: v

text: Washington

text: Ed

text: Assn

text: U

text: S

text: a

text: Washington

text: law

text: permitted

text: a

text: public

text: employer

text: automatically

text: to

text: deduct

text: from

text: the

text: wages

text: of

text: employees

text: who

text: chose

text: not

text: to

text: join

text: the

text: union

text: the

text: portion

text: of

text: union

text: dues

text: used

text: for

text: activities

text: related

text: to

text: collective

text: bargaining

text: But

text: unless

text: these

text: employees

text: affirmatively

text: consented

text: the

text: law

text: did

text: not

text: allow

text: the

text: employer

text: to

text: collect

text: the

text: portion

text: of

text: union

text: dues

text: that

text: would

text: be

text: used

text: in

text: election

text: activities

text: Id

text: at

text: A

text: public

text: employee

text: union

text: argued

text: that

text: this

text: law

text: unconstitutionally

text: restricted

text: its

text: speech

text: based

text: on

text: its

text: content

text: that

text: is

text: the

text: law

text: permitted

text: the

text: employer

text: to

text: assist

text: union

text: speech

text: on

text: matters

text: relating

text: to

text: collective

text: bargaining

text: but

text: made

text: it

text: harder

text: for

text: the

text: union

text: to

text: collect

text: money

text: to

text: support

text: its

text: election

text: activities

text: Id

text: at

text: Upholding

text: this

text: law

text: we

text: characterized

text: it

text: as

text: imposing

text: a

text: modest

text: limitation

text: on

text: an

text: extraordinary

text: benefit

text: namely

text: taking

text: money

text: from

text: the

text: wages

text: of

text: non

text: union

text: members

text: and

text: turning

text: it

text: over

text: to

text: the

text: union

text: free

text: of

text: charge

text: Id

text: at

text: Refusing

text: to

text: confer

text: an

text: even

text: greater

text: benefit

text: we

text: held

text: did

text: not

text: upset

text: the

text: marketplace

text: of

text: ideas

text: and

text: did

text: not

text: abridge

text: the

text: union

text: s

text: free

text: speech

text: rights

text: Id

text: at

text: Ysursa

text: v

text: Pocatello

text: Ed

text: Assn

text: U

text: S

text: is

text: similar

text: There

text: we

text: considered

text: an

text: Idaho

text: law

text: that

text: allowed

text: public

text: employees

text: to

text: elect

text: to

text: have

text: union

text: dues

text: deducted

text: from

text: their

text: wages

text: but

text: did

text: not

text: allow

text: such

text: a

text: deduction

text: for

text: money

text: remitted

text: to

text: the

text: union

text: s

text: political

text: action

text: committee

text: Id

text: at

text: We

text: reasoned

text: that

text: the

text: the

text: government

text: was

text: not

text: required

text: to

text: assist

text: others

text: in

text: funding

text: the

text: expression

text: of

text: particular

text: ideas

text: Id

text: at

text: see

text: also

text: id

text: at

text: The

text: First

text: Amendment

text: does

text: not

text: confer

text: an

text: affirmative

text: right

text: to

text: use

text: government

text: payroll

text: mechanisms

text: for

text: the

text: purpose

text: of

text: obtaining

text: funds

text: for

text: expression

text: Davenport

text: and

text: Ysursa

text: are

text: akin

text: to

text: our

text: subsidy

text: cases

text: Although

text: the

text: laws

text: at

text: issue

text: in

text: Davenport

text: and

text: Ysursa

text: did

text: not

text: provide

text: cash

text: subsidies

text: to

text: the

text: unions

text: they

text: conferred

text: a

text: very

text: valuable

text: benefit

text: the

text: right

text: to

text: negotiate

text: a

text: collective

text: bargaining

text: agreement

text: under

text: which

text: non

text: members

text: would

text: be

text: obligated

text: to

text: pay

text: an

text: agency

text: fee

text: that

text: the

text: public

text: employer

text: would

text: collect

text: and

text: turn

text: over

text: to

text: the

text: union

text: free

text: of

text: charge

text: As

text: in

text: the

text: cash

text: subsidy

text: cases

text: the

text: laws

text: conferred

text: this

text: benefit

text: because

text: it

text: was

text: thought

text: that

text: this

text: arrangement

text: served

text: important

text: government

text: interests

text: See

text: Abood

text: v

text: Detroit

text: Bd

text: of

text: Ed

text: U

text: S

text: But

text: the

text: challenged

text: laws

text: did

text: not

text: go

text: further

text: and

text: provide

text: convenient

text: collection

text: mechanisms

text: for

text: money

text: to

text: be

text: used

text: in

text: political

text: activities

text: In

text: essence

text: the

text: Washington

text: and

text: Idaho

text: lawmakers

text: chose

text: to

text: confer

text: a

text: substantial

text: non

text: cash

text: benefit

text: for

text: the

text: purpose

text: of

text: furthering

text: activities

text: that

text: they

text: particularly

text: desired

text: to

text: promote

text: but

text: not

text: to

text: provide

text: a

text: similar

text: benefit

text: for

text: the

text: purpose

text: of

text: furthering

text: other

text: activities

text: Thus

text: Davenport

text: and

text: Ysursa

text: are

text: no

text: more

text: relevant

text: for

text: present

text: purposes

text: than

text: the

text: subsidy

text: cases

text: previously

text: discussed

text: Potentially

text: more

text: analogous

text: are

text: cases

text: in

text: which

text: a

text: unit

text: of

text: government

text: creates

text: a

text: limited

text: public

text: forum

text: for

text: private

text: speech

text: See

text: e

text: g

text: Good

text: News

text: Club

text: v

text: Milford

text: Central

text: School

text: U

text: S

text: Rosenberger

text: v

text: Rec

text: tor

text: and

text: Visitors

text: of

text: Univ

text: of

text: Va

text: U

text: S

text: Lamb

text: s

text: Chapel

text: U

text: S

text: at

text: See

text: also

text: Legal

text: Services

text: Corporation

text: v

text: Velazquez

text: U

text: S

text: When

text: government

text: creates

text: such

text: a

text: forum

text: in

text: either

text: a

text: literal

text: or

text: metaphysical

text: sense

text: see

text: Rosenberger

text: U

text: S

text: at

text: some

text: content

text: and

text: speaker

text: based

text: restrictions

text: may

text: be

text: allowed

text: see

text: id

text: at

text: However

text: even

text: in

text: such

text: cases

text: what

text: we

text: have

text: termed

text: viewpoint

text: discrimination

text: is

text: forbidden

text: Id

text: at

text: Our

text: cases

text: use

text: the

text: term

text: viewpoint

text: discrimination

text: in

text: a

text: broad

text: sense

text: see

text: ibid

text: and

text: in

text: that

text: sense

text: the

text: disparagement

text: clause

text: discriminates

text: on

text: the

text: bases

text: of

text: viewpoint

text: To

text: be

text: sure

text: the

text: clause

text: evenhandedly

text: prohibits

text: disparagement

text: of

text: all

text: groups

text: It

text: applies

text: equally

text: to

text: marks

text: that

text: damn

text: Democrats

text: and

text: Republicans

text: capitalists

text: and

text: socialists

text: and

text: those

text: arrayed

text: on

text: both

text: sides

text: of

text: every

text: possible

text: issue

text: It

text: denies

text: registration

text: to

text: any

text: mark

text: that

text: is

text: offensive

text: to

text: a

text: substantial

text: percentage

text: of

text: the

text: members

text: of

text: any

text: group

text: But

text: in

text: the

text: sense

text: relevant

text: here

text: that

text: is

text: viewpoint

text: discrimination

text: Giving

text: offense

text: is

text: a

text: viewpoint

text: We

text: have

text: said

text: time

text: and

text: again

text: that

text: the

text: public

text: expression

text: of

text: ideas

text: may

text: not

text: be

text: prohibited

text: merely

text: because

text: the

text: ideas

text: are

text: themselves

text: offensive

text: to

text: some

text: of

text: their

text: hearers

text: Street

text: v

text: New

text: York

text: U

text: S

text: See

text: also

text: Texas

text: v

text: Johnson

text: U

text: S

text: If

text: there

text: is

text: a

text: bedrock

text: principle

text: underlying

text: the

text: First

text: Amendment

text: it

text: is

text: that

text: the

text: government

text: may

text: not

text: prohibit

text: the

text: expression

text: of

text: an

text: idea

text: simply

text: because

text: society

text: finds

text: the

text: idea

text: itself

text: offensive

text: or

text: disagreeable

text: Hustler

text: Magazine

text: Inc

text: v

text: Falwell

text: U

text: S

text: Coates

text: v

text: Cincinnati

text: U

text: S

text: Bachellar

text: v

text: Maryland

text: U

text: S

text: Tinker

text: v

text: Des

text: Moines

text: Independent

text: Community

text: School

text: Dist

text: U

text: S

text: Cox

text: v

text: Louisiana

text: U

text: S

text: Edwards

text: v

text: South

text: Carolina

text: U

text: S

text: Terminiello

text: v

text: Chicago

text: U

text: S

text: Cantwell

text: v

text: Connecticut

text: U

text: S

text: Schneider

text: v

text: State

text: Town

text: of

text: Irvington

text: U

text: S

text: De

text: Jonge

text: v

text: Oregon

text: U

text: S

text: For

text: this

text: reason

text: the

text: disparagement

text: clause

text: cannot

text: be

text: saved

text: by

text: analyzing

text: it

text: as

text: a

text: type

text: of

text: government

text: program

text: in

text: which

text: some

text: content

text: and

text: speaker

text: based

text: restrictions

text: are

text: permitted

text: IV

text: Having

text: concluded

text: that

text: the

text: disparagement

text: clause

text: cannot

text: be

text: sustained

text: under

text: our

text: government

text: speech

text: or

text: subsidy

text: cases

text: or

text: under

text: the

text: Government

text: s

text: proposed

text: government

text: program

text: doctrine

text: we

text: must

text: confront

text: a

text: dispute

text: between

text: the

text: parties

text: on

text: the

text: question

text: whether

text: trademarks

text: are

text: commercial

text: speech

text: and

text: are

text: thus

text: subject

text: to

text: the

text: relaxed

text: scrutiny

text: outlined

text: in

text: Central

text: Hudson

text: Gas

text: Elec

text: Corp

text: v

text: Public

text: Serv

text: Comm

text: n

text: of

text: N

text: Y

text: U

text: S

text: The

text: Government

text: and

text: amici

text: supporting

text: its

text: position

text: argue

text: that

text: all

text: trademarks

text: are

text: commercial

text: speech

text: They

text: note

text: that

text: the

text: central

text: purposes

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text: trademarks

text: are

text: commercial

text: and

text: that

text: federal

text: law

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text: trademarks

text: to

text: promote

text: fair

text: and

text: orderly

text: interstate

text: commerce

text: Tam

text: and

text: his

text: amici

text: on

text: the

text: other

text: hand

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text: that

text: many

text: if

text: not

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text: trademarks

text: have

text: an

text: expressive

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text: In

text: other

text: words

text: these

text: trademarks

text: do

text: not

text: simply

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text: the

text: source

text: of

text: a

text: product

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text: on

text: to

text: say

text: something

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text: trademark

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text: name

text: The

text: Slants

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text: band

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text: view

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text: need

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text: debate

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text: parties

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text: the

text: disparagement

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text: cannot

text: withstand

text: even

text: Central

text: Hudson

text: review

text: Under

text: Central

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text: a

text: restriction

text: of

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text: substantial

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text: he

text: regulatory

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text: the

text: interest

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text: Id

text: at

text: The

text: disparagement

text: clause

text: fails

text: this

text: requirement

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text: claimed

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text: the

text: disparagement

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text: two

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text: first

text: is

text: phrased

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text: a

text: variety

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text: ways

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text: the

text: briefs

text: Echoing

text: language

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text: opinions

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text: Government

text: asserts

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text: interest

text: in

text: preventing

text: underrepresented

text: groups

text: from

text: being

text: bombarded

text: with

text: demeaning

text: messages

text: in

text: commercial

text: advertising

text: Brief

text: for

text: Petitioner

text: quoting

text: F

text: d

text: at

text: Dyk

text: J

text: concurring

text: in

text: part

text: and

text: dissenting

text: in

text: part

text: An

text: amicus

text: supporting

text: the

text: Government

text: refers

text: to

text: encouraging

text: racial

text: tolerance

text: and

text: protecting

text: the

text: privacy

text: and

text: welfare

text: of

text: individuals

text: Brief

text: for

text: Native

text: American

text: Organizations

text: as

text: Amici

text: Curiae

text: But

text: no

text: matter

text: how

text: the

text: point

text: is

text: phrased

text: its

text: unmistakable

text: thrust

text: is

text: this

text: The

text: Government

text: has

text: an

text: interest

text: in

text: preventing

text: speech

text: expressing

text: ideas

text: that

text: offend

text: And

text: as

text: we

text: have

text: explained

text: that

text: idea

text: strikes

text: at

text: the

text: heart

text: of

text: the

text: First

text: Amendment

text: Speech

text: that

text: demeans

text: on

text: the

text: basis

text: of

text: race

text: ethnicity

text: gender

text: religion

text: age

text: disability

text: or

text: any

text: other

text: similar

text: ground

text: is

text: hateful

text: but

text: the

text: proudest

text: boast

text: of

text: our

text: free

text: speech

text: jurisprudence

text: is

text: that

text: we

text: protect

text: the

text: freedom

text: to

text: express

text: the

text: thought

text: that

text: we

text: hate

text: United

text: States

text: v

text: Schwimmer

text: U

text: S

text: Holmes

text: J

text: dissenting

text: The

text: second

text: interest

text: asserted

text: is

text: protecting

text: the

text: orderly

text: flow

text: of

text: commerce

text: See

text: F

text: d

text: at

text: Reyna

text: J

text: dissenting

text: Brief

text: for

text: Petitioner

text: Brief

text: for

text: Native

text: American

text: Organizations

text: as

text: Amicus

text: Curiae

text: Commerce

text: we

text: are

text: told

text: is

text: disrupted

text: by

text: trademarks

text: that

text: involv

text: e

text: disparagement

text: of

text: race

text: gender

text: ethnicity

text: national

text: origin

text: religion

text: sexual

text: orientation

text: and

text: similar

text: demographic

text: classification

text: F

text: d

text: at

text: opinion

text: of

text: Reyna

text: J

text: Such

text: trademarks

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text: discriminatory

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text: has

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text: recognized

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text: have

text: an

text: adverse

text: effect

text: on

text: commerce

text: See

text: ibid

text: Brief

text: for

text: Petitioner

text: Brief

text: for

text: Native

text: American

text: Organizations

text: as

text: Amici

text: Curiae

text: A

text: simple

text: answer

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text: this

text: argument

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text: that

text: the

text: disparagement

text: clause

text: is

text: not

text: narrowly

text: drawn

text: to

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text: out

text: trademarks

text: that

text: support

text: invidious

text: discrimination

text: The

text: clause

text: reaches

text: any

text: trademark

text: that

text: disparages

text: any

text: person

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text: institution

text: It

text: applies

text: to

text: trademarks

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text: the

text: following

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text: racists

text: Down

text: with

text: sexists

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text: with

text: homophobes

text: It

text: is

text: not

text: an

text: anti

text: discrimination

text: clause

text: it

text: is

text: a

text: happy

text: talk

text: clause

text: In

text: this

text: way

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text: goes

text: much

text: further

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text: is

text: necessary

text: to

text: serve

text: the

text: interest

text: asserted

text: The

text: clause

text: is

text: far

text: too

text: broad

text: in

text: other

text: ways

text: as

text: well

text: The

text: clause

text: protects

text: every

text: person

text: living

text: or

text: dead

text: as

text: well

text: as

text: every

text: institution

text: Is

text: it

text: conceivable

text: that

text: commerce

text: would

text: be

text: disrupted

text: by

text: a

text: trademark

text: saying

text: James

text: Buchanan

text: was

text: a

text: disastrous

text: president

text: or

text: Slavery

text: is

text: an

text: evil

text: institution

text: There

text: is

text: also

text: a

text: deeper

text: problem

text: with

text: the

text: argument

text: that

text: commercial

text: speech

text: may

text: be

text: cleansed

text: of

text: any

text: expression

text: likely

text: to

text: cause

text: offense

text: The

text: commercial

text: market

text: is

text: well

text: stocked

text: with

text: merchandise

text: that

text: disparages

text: prominent

text: figures

text: and

text: groups

text: and

text: the

text: line

text: between

text: commercial

text: and

text: non

text: commercial

text: speech

text: is

text: not

text: always

text: clear

text: as

text: this

text: case

text: illustrates

text: If

text: affixing

text: the

text: commercial

text: label

text: permits

text: the

text: suppression

text: of

text: any

text: speech

text: that

text: may

text: lead

text: to

text: political

text: or

text: social

text: volatility

text: free

text: speech

text: would

text: be

text: endangered

text: For

text: these

text: reasons

text: we

text: hold

text: that

text: the

text: disparagement

text: clause

text: violates

text: the

text: Free

text: Speech

text: Clause

text: of

text: the

text: First

text: Amendment

text: The

text: judgment

text: of

text: the

text: Federal

text: Circuit

text: is

text: affirmed

text: It

text: is

text: so

text: ordered

text: JUSTICE

text: GORSUCH

text: took

text: no

text: part

text: in

text: the

text: consideration

text: or

text: decision

text: of

text: this

text: case

text: Opinion

text: of

text: KENNEDY

text: J

text: U

text: S

text: No

text: JOSEPH

text: MATAL

text: INTERIM

text: DIRECTOR

text: UNITED

text: STATES

text: PATENT

text: AND

text: TRADEMARK

text: OFFICE

text: PETITIONER

text: v

text: SIMON

text: SHIAO

text: TAM

text: ON

text: WRIT

text: OF

text: CERTIORARI

text: TO

text: THE

text: UNITED

text: STATES

text: COURT

text: OF

text: APPEALS

text: FOR

text: THE

text: FEDERAL

text: CIRCUIT

text: June

text: JUSTICE

text: KENNEDY

text: with

text: whom

text: JUSTICE

text: GINSBURG

text: JUSTICE

text: SOTOMAYOR

text: and

text: JUSTICE

text: KAGAN

text: join

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: the

text: judgment

text: The

text: Patent

text: and

text: Trademark

text: Office

text: PTO

text: has

text: denied

text: the

text: substantial

text: benefits

text: of

text: federal

text: trademark

text: registration

text: to

text: the

text: mark

text: THE

text: SLANTS

text: The

text: PTO

text: did

text: so

text: under

text: the

text: mandate

text: of

text: the

text: disparagement

text: clause

text: in

text: U

text: S

text: C

text: a

text: which

text: prohibits

text: the

text: registration

text: of

text: marks

text: that

text: may

text: disparage

text: or

text: bring

text: into

text: contemp

text: t

text: or

text: disrepute

text: any

text: persons

text: living

text: or

text: dead

text: institutions

text: beliefs

text: or

text: national

text: symbols

text: As

text: the

text: Court

text: is

text: correct

text: to

text: hold

text: a

text: constitutes

text: viewpoint

text: discrimination

text: a

text: form

text: of

text: speech

text: suppression

text: so

text: potent

text: that

text: it

text: must

text: be

text: subject

text: to

text: rigorous

text: constitutional

text: scrutiny

text: The

text: Government

text: s

text: action

text: and

text: the

text: statute

text: on

text: which

text: it

text: is

text: based

text: cannot

text: survive

text: this

text: scrutiny

text: The

text: Court

text: is

text: correct

text: in

text: its

text: judgment

text: and

text: I

text: join

text: Parts

text: I

text: II

text: and

text: III

text: A

text: of

text: its

text: opinion

text: This

text: separate

text: writing

text: explains

text: in

text: greater

text: detail

text: why

text: the

text: First

text: Amendment

text: s

text: protections

text: against

text: viewpoint

text: discrimination

text: apply

text: to

text: the

text: trademark

text: here

text: It

text: submits

text: further

text: that

text: the

text: viewpoint

text: discrimination

text: rationale

text: renders

text: unnecessary

text: any

text: extended

text: treatment

text: of

text: other

text: questions

text: raised

text: by

text: the

text: parties

text: I

text: Those

text: few

text: categories

text: of

text: speech

text: that

text: the

text: government

text: can

text: regulate

text: or

text: punish

text: for

text: instance

text: fraud

text: defamation

text: or

text: incitement

text: are

text: well

text: established

text: within

text: our

text: constitutional

text: tradition

text: See

text: United

text: States

text: v

text: Stevens

text: U

text: S

text: Aside

text: from

text: these

text: and

text: a

text: few

text: other

text: narrow

text: exceptions

text: it

text: is

text: a

text: fundamental

text: principle

text: of

text: the

text: First

text: Amendment

text: that

text: the

text: government

text: may

text: not

text: punish

text: or

text: suppress

text: speech

text: based

text: on

text: disapproval

text: of

text: the

text: ideas

text: or

text: perspectives

text: the

text: speech

text: conveys

text: See

text: Rosenberger

text: v

text: Rector

text: and

text: Visitors

text: of

text: Univ

text: of

text: Va

text: U

text: S

text: The

text: First

text: Amendment

text: guards

text: against

text: laws

text: targeted

text: at

text: specific

text: subject

text: matter

text: a

text: form

text: of

text: speech

text: suppression

text: known

text: as

text: content

text: based

text: discrimination

text: Reed

text: v

text: Town

text: of

text: Gilbert

text: U

text: S

text: slip

text: op

text: at

text: This

text: category

text: includes

text: a

text: subtype

text: of

text: laws

text: that

text: go

text: further

text: aimed

text: at

text: the

text: suppression

text: of

text: particular

text: views

text: on

text: a

text: subject

text: Rosenberger

text: U

text: S

text: at

text: A

text: law

text: found

text: to

text: discriminate

text: based

text: on

text: viewpoint

text: is

text: an

text: egregious

text: form

text: of

text: content

text: discrimination

text: which

text: is

text: presumptively

text: unconstitutional

text: Id

text: at

text: At

text: its

text: most

text: basic

text: the

text: test

text: for

text: viewpoint

text: discrimination

text: is

text: whether

text: within

text: the

text: relevant

text: subject

text: category

text: the

text: government

text: has

text: singled

text: out

text: a

text: subset

text: of

text: messages

text: for

text: disfavor

text: based

text: on

text: the

text: views

text: expressed

text: See

text: Cornelius

text: v

text: NAACP

text: Legal

text: Defense

text: Ed

text: Fund

text: Inc

text: U

text: S

text: T

text: he

text: government

text: violates

text: the

text: First

text: Amendment

text: when

text: it

text: denies

text: access

text: to

text: a

text: speaker

text: solely

text: to

text: suppress

text: the

text: point

text: of

text: view

text: he

text: espouses

text: on

text: an

text: otherwise

text: includible

text: subject

text: In

text: the

text: instant

text: case

text: the

text: disparagement

text: clause

text: the

text: Government

text: now

text: seeks

text: to

text: implement

text: and

text: enforce

text: identifies

text: the

text: relevant

text: subject

text: as

text: persons

text: living

text: or

text: dead

text: institutions

text: beliefs

text: or

text: national

text: symbols

text: U

text: S

text: C

text: a

text: Within

text: that

text: category

text: an

text: applicant

text: may

text: register

text: a

text: positive

text: or

text: benign

text: mark

text: but

text: not

text: a

text: derogatory

text: one

text: The

text: law

text: thus

text: reflects

text: the

text: Government

text: s

text: disapproval

text: of

text: a

text: subset

text: of

text: messages

text: it

text: finds

text: offensive

text: This

text: is

text: the

text: essence

text: of

text: viewpoint

text: discrimination

text: The

text: Government

text: disputes

text: this

text: conclusion

text: It

text: argues

text: to

text: begin

text: with

text: that

text: the

text: law

text: is

text: viewpoint

text: neutral

text: because

text: it

text: applies

text: in

text: equal

text: measure

text: to

text: any

text: trademark

text: that

text: demeans

text: or

text: offends

text: This

text: misses

text: the

text: point

text: A

text: subject

text: that

text: is

text: first

text: defined

text: by

text: content

text: and

text: then

text: regulated

text: or

text: censored

text: by

text: mandating

text: only

text: one

text: sort

text: of

text: comment

text: is

text: not

text: viewpoint

text: neutral

text: To

text: prohibit

text: all

text: sides

text: from

text: criticizing

text: their

text: opponents

text: makes

text: a

text: law

text: more

text: viewpoint

text: based

text: not

text: less

text: so

text: Cf

text: Rosenberger

text: supra

text: at

text: The

text: declaration

text: that

text: debate

text: is

text: not

text: skewed

text: so

text: long

text: as

text: multiple

text: voices

text: are

text: silenced

text: is

text: simply

text: wrong

text: the

text: debate

text: is

text: skewed

text: in

text: multiple

text: ways

text: The

text: logic

text: of

text: the

text: Government

text: s

text: rule

text: is

text: that

text: a

text: law

text: would

text: be

text: viewpoint

text: neutral

text: even

text: if

text: it

text: provided

text: that

text: public

text: officials

text: could

text: be

text: praised

text: but

text: not

text: condemned

text: The

text: First

text: Amendment

text: s

text: viewpoint

text: neutrality

text: principle

text: protects

text: more

text: than

text: the

text: right

text: to

text: identify

text: with

text: a

text: particular

text: side

text: It

text: protects

text: the

text: right

text: to

text: create

text: and

text: present

text: arguments

text: for

text: particular

text: positions

text: in

text: particular

text: ways

text: as

text: the

text: speaker

text: chooses

text: By

text: mandating

text: positivity

text: the

text: law

text: here

text: might

text: silence

text: dissent

text: and

text: distort

text: the

text: marketplace

text: of

text: ideas

text: The

text: Government

text: next

text: suggests

text: that

text: the

text: statute

text: is

text: viewpoint

text: neutral

text: because

text: the

text: disparagement

text: clause

text: applies

text: to

text: trademarks

text: regardless

text: of

text: the

text: applicant

text: s

text: personal

text: views

text: or

text: reasons

text: for

text: using

text: the

text: mark

text: Instead

text: registration

text: is

text: denied

text: based

text: on

text: the

text: expected

text: reaction

text: of

text: the

text: applicant

text: s

text: audience

text: In

text: this

text: way

text: the

text: argument

text: goes

text: it

text: cannot

text: be

text: said

text: that

text: Government

text: is

text: acting

text: with

text: hostility

text: toward

text: a

text: particular

text: point

text: of

text: view

text: For

text: example

text: the

text: Government

text: does

text: not

text: dispute

text: that

text: respondent

text: seeks

text: to

text: use

text: his

text: mark

text: in

text: a

text: positive

text: way

text: Indeed

text: respondent

text: endeavors

text: to

text: use

text: The

text: Slants

text: to

text: supplant

text: a

text: racial

text: epithet

text: using

text: new

text: insights

text: musical

text: talents

text: and

text: wry

text: humor

text: to

text: make

text: it

text: a

text: badge

text: of

text: pride

text: Respondent

text: s

text: application

text: was

text: denied

text: not

text: because

text: the

text: Government

text: thought

text: his

text: object

text: was

text: to

text: demean

text: or

text: offend

text: but

text: because

text: the

text: Government

text: thought

text: his

text: trademark

text: would

text: have

text: that

text: effect

text: on

text: at

text: least

text: some

text: Asian

text: Americans

text: The

text: Government

text: may

text: not

text: insulate

text: a

text: law

text: from

text: charges

text: of

text: viewpoint

text: discrimination

text: by

text: tying

text: censorship

text: to

text: the

text: reaction

text: of

text: the

text: speaker

text: s

text: audience

text: The

text: Court

text: has

text: suggested

text: that

text: viewpoint

text: discrimination

text: occurs

text: when

text: the

text: government

text: intends

text: to

text: suppress

text: a

text: speaker

text: s

text: beliefs

text: Reed

text: supra

text: at

text: slip

text: op

text: at

text: but

text: viewpoint

text: discrimination

text: need

text: not

text: take

text: that

text: form

text: in

text: every

text: instance

text: The

text: danger

text: of

text: viewpoint

text: discrimination

text: is

text: that

text: the

text: government

text: is

text: attempting

text: to

text: remove

text: certain

text: ideas

text: or

text: perspectives

text: from

text: a

text: broader

text: debate

text: That

text: danger

text: is

text: all

text: the

text: greater

text: if

text: the

text: ideas

text: or

text: perspectives

text: are

text: ones

text: a

text: particular

text: audience

text: might

text: think

text: offensive

text: at

text: least

text: at

text: first

text: hearing

text: An

text: initial

text: reaction

text: may

text: prompt

text: further

text: reflection

text: leading

text: to

text: a

text: more

text: reasoned

text: more

text: tolerant

text: position

text: Indeed

text: a

text: speech

text: burden

text: based

text: on

text: audience

text: reactions

text: is

text: simply

text: government

text: hostility

text: and

text: intervention

text: in

text: a

text: different

text: guise

text: The

text: speech

text: is

text: targeted

text: after

text: all

text: based

text: on

text: the

text: government

text: s

text: disapproval

text: of

text: the

text: speaker

text: s

text: choice

text: of

text: message

text: And

text: it

text: is

text: the

text: government

text: itself

text: that

text: is

text: attempting

text: in

text: this

text: case

text: to

text: decide

text: whether

text: the

text: relevant

text: audience

text: would

text: find

text: the

text: speech

text: offensive

text: For

text: reasons

text: like

text: these

text: the

text: Court

text: s

text: cases

text: have

text: long

text: prohibited

text: the

text: government

text: from

text: justifying

text: a

text: First

text: Amendment

text: burden

text: by

text: pointing

text: to

text: the

text: offensiveness

text: of

text: the

text: speech

text: to

text: be

text: suppressed

text: See

text: ante

text: at

text: collecting

text: examples

text: The

text: Government

text: s

text: argument

text: in

text: defense

text: of

text: the

text: statute

text: assumes

text: that

text: respondent

text: s

text: mark

text: is

text: a

text: negative

text: comment

text: In

text: addressing

text: that

text: argument

text: on

text: its

text: own

text: terms

text: this

text: opinion

text: is

text: not

text: intended

text: to

text: imply

text: that

text: the

text: Government

text: s

text: interpretation

text: is

text: accurate

text: From

text: respondent

text: s

text: submissions

text: it

text: is

text: evident

text: he

text: would

text: disagree

text: that

text: his

text: mark

text: means

text: what

text: the

text: Government

text: says

text: it

text: does

text: The

text: trademark

text: will

text: have

text: the

text: effect

text: respondent

text: urges

text: of

text: reclaiming

text: an

text: offensive

text: term

text: for

text: the

text: positive

text: purpose

text: of

text: celebrating

text: all

text: that

text: Asian

text: Americans

text: can

text: and

text: do

text: contribute

text: to

text: our

text: diverse

text: Nation

text: Brief

text: for

text: Respondent

text: While

text: thoughtful

text: persons

text: can

text: agree

text: or

text: disagree

text: with

text: this

text: approach

text: the

text: dissonance

text: between

text: the

text: trademark

text: s

text: potential

text: to

text: teach

text: and

text: the

text: Government

text: s

text: insistence

text: on

text: its

text: own

text: opposite

text: and

text: negative

text: interpretation

text: confirms

text: the

text: constitutional

text: vice

text: of

text: the

text: statute

text: II

text: The

text: parties

text: dispute

text: whether

text: trademarks

text: are

text: commercial

text: speech

text: and

text: whether

text: trademark

text: registration

text: should

text: be

text: considered

text: a

text: federal

text: subsidy

text: The

text: former

text: issue

text: may

text: turn

text: on

text: whether

text: certain

text: commercial

text: concerns

text: for

text: the

text: protection

text: of

text: trademarks

text: might

text: as

text: a

text: general

text: matter

text: be

text: the

text: basis

text: for

text: regulation

text: However

text: that

text: issue

text: is

text: resolved

text: the

text: viewpoint

text: based

text: discrimination

text: at

text: issue

text: here

text: necessarily

text: invokes

text: heightened

text: scrutiny

text: Commercial

text: speech

text: is

text: no

text: exception

text: the

text: Court

text: has

text: explained

text: to

text: the

text: principle

text: that

text: the

text: First

text: Amendment

text: requires

text: heightened

text: scrutiny

text: whenever

text: the

text: government

text: creates

text: a

text: regulation

text: of

text: speech

text: because

text: of

text: disagreement

text: with

text: the

text: message

text: it

text: conveys

text: Sorrell

text: v

text: IMS

text: Health

text: Inc

text: U

text: S

text: internal

text: quotation

text: marks

text: omitted

text: Unlike

text: content

text: based

text: discrimination

text: discrimination

text: based

text: on

text: viewpoint

text: including

text: a

text: regulation

text: that

text: targets

text: speech

text: for

text: its

text: offensiveness

text: remains

text: of

text: serious

text: concern

text: in

text: the

text: commercial

text: context

text: See

text: Bolger

text: v

text: Youngs

text: Drug

text: Products

text: Corp

text: U

text: S

text: To

text: the

text: extent

text: trademarks

text: qualify

text: as

text: commercial

text: speech

text: they

text: are

text: an

text: example

text: of

text: why

text: that

text: term

text: or

text: category

text: does

text: not

text: serve

text: as

text: a

text: blanket

text: exemption

text: from

text: the

text: First

text: Amendment

text: s

text: requirement

text: of

text: viewpoint

text: neutrality

text: Justice

text: Holmes

text: reference

text: to

text: the

text: free

text: trade

text: in

text: ideas

text: and

text: the

text: power

text: of

text: thought

text: to

text: get

text: itself

text: accepted

text: in

text: the

text: competition

text: of

text: the

text: market

text: Abrams

text: v

text: United

text: States

text: U

text: S

text: dissenting

text: opinion

text: was

text: a

text: metaphor

text: In

text: the

text: realm

text: of

text: trademarks

text: the

text: metaphorical

text: marketplace

text: of

text: ideas

text: becomes

text: a

text: tangible

text: powerful

text: reality

text: Here

text: that

text: real

text: marketplace

text: exists

text: as

text: a

text: matter

text: of

text: state

text: law

text: and

text: our

text: common

text: law

text: tradition

text: quite

text: without

text: regard

text: to

text: the

text: Federal

text: Government

text: See

text: ante

text: at

text: These

text: marks

text: make

text: up

text: part

text: of

text: the

text: expression

text: of

text: everyday

text: life

text: as

text: with

text: the

text: names

text: of

text: entertainment

text: groups

text: broadcast

text: networks

text: designer

text: clothing

text: newspapers

text: automobiles

text: candy

text: bars

text: toys

text: and

text: so

text: on

text: See

text: Brief

text: for

text: Pro

text: Football

text: Inc

text: as

text: Amicus

text: Curiae

text: collecting

text: examples

text: Nonprofit

text: organizations

text: ranging

text: from

text: medical

text: research

text: charities

text: and

text: other

text: humanitarian

text: causes

text: to

text: political

text: advocacy

text: groups

text: also

text: have

text: trademarks

text: which

text: they

text: use

text: to

text: compete

text: in

text: a

text: real

text: economic

text: sense

text: for

text: funding

text: and

text: other

text: resources

text: as

text: they

text: seek

text: to

text: persuade

text: others

text: to

text: join

text: their

text: cause

text: See

text: id

text: at

text: collecting

text: examples

text: To

text: permit

text: viewpoint

text: discrimination

text: in

text: this

text: context

text: is

text: to

text: permit

text: Government

text: censorship

text: This

text: case

text: does

text: not

text: present

text: the

text: question

text: of

text: how

text: other

text: provisions

text: of

text: the

text: Lanham

text: Act

text: should

text: be

text: analyzed

text: under

text: the

text: First

text: Amendment

text: It

text: is

text: well

text: settled

text: for

text: instance

text: that

text: to

text: the

text: extent

text: a

text: trademark

text: is

text: confusing

text: or

text: misleading

text: the

text: law

text: can

text: protect

text: consumers

text: and

text: trademark

text: owners

text: See

text: e

text: g

text: FTC

text: v

text: Winstead

text: Hosiery

text: Co

text: U

text: S

text: The

text: labels

text: in

text: question

text: are

text: literally

text: false

text: and

text: palpably

text: so

text: All

text: are

text: as

text: the

text: Commission

text: found

text: calculated

text: to

text: deceive

text: and

text: do

text: in

text: fact

text: deceive

text: a

text: substantial

text: portion

text: of

text: the

text: purchasing

text: public

text: This

text: case

text: also

text: does

text: not

text: involve

text: laws

text: related

text: to

text: product

text: labeling

text: or

text: otherwise

text: designed

text: to

text: protect

text: consumers

text: See

text: Sorrell

text: supra

text: at

text: T

text: he

text: government

text: s

text: legitimate

text: interest

text: in

text: protecting

text: consumers

text: from

text: commercial

text: harms

text: explains

text: why

text: commercial

text: speech

text: can

text: be

text: subject

text: to

text: greater

text: governmental

text: regulation

text: than

text: noncommercial

text: speech

text: internal

text: quotation

text: marks

text: omitted

text: These

text: considerations

text: however

text: do

text: not

text: alter

text: the

text: speech

text: principles

text: that

text: bar

text: the

text: viewpoint

text: discrimination

text: embodied

text: in

text: the

text: statutory

text: provision

text: at

text: issue

text: here

text: It

text: is

text: telling

text: that

text: the

text: Court

text: s

text: precedents

text: have

text: recognized

text: just

text: one

text: narrow

text: situation

text: in

text: which

text: viewpoint

text: discrimination

text: is

text: permissible

text: where

text: the

text: government

text: itself

text: is

text: speaking

text: or

text: recruiting

text: others

text: to

text: communicate

text: a

text: message

text: on

text: its

text: behalf

text: See

text: Legal

text: Services

text: Corporation

text: v

text: Velazquez

text: U

text: S

text: Board

text: of

text: Regents

text: of

text: Univ

text: of

text: Wis

text: System

text: v

text: Southworth

text: U

text: S

text: Rosenberger

text: U

text: S

text: at

text: The

text: exception

text: is

text: necessary

text: to

text: allow

text: the

text: government

text: to

text: stake

text: out

text: positions

text: and

text: pursue

text: policies

text: See

text: Southworth

text: supra

text: at

text: see

text: also

text: ante

text: at

text: But

text: it

text: is

text: also

text: narrow

text: to

text: prevent

text: the

text: government

text: from

text: claiming

text: that

text: every

text: government

text: program

text: is

text: exempt

text: from

text: the

text: First

text: Amendment

text: These

text: cases

text: have

text: identified

text: a

text: number

text: of

text: factors

text: that

text: if

text: present

text: suggest

text: the

text: government

text: is

text: speaking

text: on

text: its

text: own

text: behalf

text: but

text: are

text: present

text: here

text: See

text: ante

text: at

text: There

text: may

text: be

text: situations

text: where

text: private

text: speakers

text: are

text: selected

text: for

text: a

text: government

text: program

text: to

text: assist

text: the

text: government

text: in

text: advancing

text: a

text: particular

text: message

text: That

text: is

text: not

text: this

text: case

text: either

text: The

text: central

text: purpose

text: of

text: trademark

text: registration

text: is

text: to

text: facilitate

text: source

text: identification

text: To

text: serve

text: that

text: broad

text: purpose

text: the

text: Government

text: has

text: provided

text: the

text: benefits

text: of

text: federal

text: registration

text: to

text: millions

text: of

text: marks

text: identifying

text: every

text: type

text: of

text: product

text: and

text: cause

text: Registered

text: trademarks

text: do

text: so

text: by

text: means

text: of

text: a

text: wide

text: diversity

text: of

text: words

text: symbols

text: and

text: messages

text: Whether

text: a

text: mark

text: is

text: disparaging

text: bears

text: no

text: plausible

text: relation

text: to

text: that

text: goal

text: While

text: defining

text: the

text: purpose

text: and

text: scope

text: of

text: a

text: federal

text: program

text: for

text: these

text: purposes

text: can

text: be

text: complex

text: see

text: e

text: g

text: Agency

text: for

text: Int

text: l

text: Development

text: v

text: Alliance

text: for

text: Open

text: Society

text: Int

text: l

text: Inc

text: U

text: S

text: slip

text: op

text: at

text: our

text: cases

text: are

text: clear

text: that

text: viewpoint

text: discrimination

text: is

text: not

text: permitted

text: where

text: as

text: here

text: the

text: Government

text: expends

text: funds

text: to

text: encourage

text: a

text: diversity

text: of

text: views

text: from

text: private

text: speakers

text: Velazquez

text: supra

text: at

text: internal

text: quotation

text: marks

text: omitted

text: A

text: law

text: that

text: can

text: be

text: directed

text: against

text: speech

text: found

text: offensive

text: to

text: some

text: portion

text: of

text: the

text: public

text: can

text: be

text: turned

text: against

text: minority

text: and

text: dissenting

text: views

text: to

text: the

text: detriment

text: of

text: all

text: The

text: First

text: Amendment

text: does

text: not

text: entrust

text: that

text: power

text: to

text: the

text: government

text: s

text: benevolence

text: Instead

text: our

text: reliance

text: must

text: be

text: on

text: the

text: substantial

text: safeguards

text: of

text: free

text: and

text: open

text: discussion

text: in

text: a

text: democratic

text: society

text: For

text: these

text: reasons

text: I

text: join

text: the

text: Court

text: s

text: opinion

text: in

text: part

text: and

text: concur

text: in

text: the

text: judgment

text: THOMAS

text: J

text: concurring

text: U

text: S

text: No

text: JOSEPH

text: MATAL

text: INTERIM

text: DIRECTOR

text: UNITED

text: STATES

text: PATENT

text: AND

text: TRADEMARK

text: OFFICE

text: PETITIONER

text: v

text: SIMON

text: SHIAO

text: TAM

text: ON

text: WRIT

text: OF

text: CERTIORARI

text: TO

text: THE

text: UNITED

text: STATES

text: COURT

text: OF

text: APPEALS

text: FOR

text: THE

text: FEDERAL

text: CIRCUIT

text: June

text: JUSTICE

text: THOMAS

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: the

text: judgment

text: I

text: join

text: the

text: opinion

text: of

text: JUSTICE

text: ALITO

text: except

text: for

text: Part

text: II

text: Respondent

text: failed

text: to

text: present

text: his

text: statutory

text: argument

text: either

text: to

text: the

text: Patent

text: and

text: Trademark

text: Office

text: or

text: to

text: the

text: Court

text: of

text: Appeals

text: and

text: we

text: declined

text: respondent

text: s

text: invitation

text: to

text: grant

text: certiorari

text: on

text: this

text: question

text: Ante

text: at

text: I

text: see

text: no

text: reason

text: to

text: address

text: this

text: legal

text: question

text: in

text: the

text: first

text: instance

text: See

text: Star

text: Athletica

text: L

text: L

text: C

text: v

text: Varsity

text: Brands

text: Inc

text: U

text: S

text: slip

text: op

text: at

text: I

text: also

text: write

text: separately

text: because

text: I

text: continue

text: to

text: believe

text: that

text: when

text: the

text: government

text: seeks

text: to

text: restrict

text: truthful

text: speech

text: in

text: order

text: to

text: suppress

text: the

text: ideas

text: it

text: conveys

text: strict

text: scrutiny

text: is

text: appropriate

text: whether

text: or

text: not

text: the

text: speech

text: in

text: question

text: may

text: be

text: characterized

text: as

text: commercial

text: Lorillard

text: Tobacco

text: Co

text: v

text: Reilly

text: U

text: S

text: THOMAS

text: J

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: judgment

text: see

text: also

text: e

text: g

text: Liquormart

text: Inc

text: v

text: Rhode

text: Island

text: U

text: S

text: same

text: I

text: nonetheless

text: join

text: Part

text: IV

text: of

text: JUSTICE

text: ALITO

text: s

text: opinion

text: because

text: it

text: correctly

text: concludes

text: that

text: the

text: disparagement

text: clause

text: U

text: S

text: C

text: a

text: is

text: unconstitutional

text: even

text: under

text: the

text: less

text: stringent

text: test

text: announced

text: in

text: Central

text: Hudson

text: Gas

text: Elec

text: Corp

text: v

text: Public

text: Serv

text: Comm

text: n

text: of

text: N

text: Y

text: U

text: S

text: FOOTNOTES

text: Footnote

text: In

text: the

text: opinion

text: below

text: the

text: Federal

text: Circuit

text: opined

text: that

text: although

text: Section

text: a

text: allows

text: for

text: a

text: federal

text: suit

text: to

text: protect

text: an

text: unregistered

text: trademark

text: it

text: is

text: not

text: at

text: all

text: clear

text: that

text: respondent

text: could

text: bring

text: suit

text: under

text: a

text: because

text: there

text: is

text: no

text: authority

text: extending

text: a

text: to

text: marks

text: denied

text: under

text: a

text: s

text: disparagement

text: provision

text: In

text: re

text: Tam

text: F

text: d

text: n

text: en

text: banc

text: as

text: corrected

text: Feb

text: When

text: drawing

text: this

text: conclusion

text: the

text: Federal

text: Circuit

text: relied

text: in

text: part

text: on

text: our

text: statement

text: in

text: Two

text: Pesos

text: that

text: the

text: general

text: principles

text: qualifying

text: a

text: mark

text: for

text: registration

text: under

text: of

text: the

text: Lanham

text: Act

text: are

text: for

text: the

text: most

text: part

text: applicable

text: in

text: determining

text: whether

text: an

text: unregistered

text: mark

text: is

text: entitled

text: to

text: protection

text: under

text: a

text: U

text: S

text: at

text: We

text: need

text: not

text: decide

text: today

text: whether

text: respondent

text: could

text: bring

text: suit

text: under

text: a

text: if

text: his

text: application

text: for

text: federal

text: registration

text: had

text: been

text: lawfully

text: denied

text: under

text: the

text: disparagement

text: clause

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text: The

text: disparagement

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text: also

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text: being

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text: on

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text: supplemental

text: register

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text: By

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text: PTO

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text: Tam

text: advances

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text: convoluted

text: textual

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text: definition

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text: be

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text: own

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text: for

text: Respondent

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text: consist

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text: members

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text: disparagement

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text: argument

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text: the

text: absurd

text: result

text: that

text: no

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text: disparagement

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text: a

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text: a

text: non

text: juristic

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text: handers

text: women

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text: Footnote

text: The

text: PTO

text: has

text: acknowledged

text: that

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text: guidelines

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text: disparaging

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text: somewhat

text: vague

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text: the

text: determination

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text: War

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text: Abortion

text: Registration

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text: Apr

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text: Stand

text: With

text: Planned

text: Parenthood

text: Registration

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text: Capitalism

text: Is

text: Not

text: Moral

text: Not

text: Fair

text: Not

text: Freedom

text: Registration

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text: Mar

text: with

text: Capitalism

text: Ensuring

text: Innovation

text: Registration

text: No

text: May

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text: Global

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text: Is

text: Good

text: Registration

text: No

text: July

text: with

text: A

text: Solution

text: to

text: Global

text: Warming

text: Registration

text: No

text: Nov

text: Footnote

text: make

text: believe

text: Registration

text: No

text: May

text: Footnote

text: Think

text: Different

text: Registration

text: No

text: Apr

text: Footnote

text: Just

text: Do

text: It

text: Registration

text: No

text: Jan

text: Footnote

text: Have

text: It

text: Your

text: Way

text: Registration

text: No

text: June

text: Footnote

text: EndTime

text: Ministries

text: Registration

text: No

text: June

text: Footnote

text: While

text: these

text: cases

text: resemble

text: subsidy

text: cases

text: insofar

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text: the

text: free

text: speech

text: rights

text: of

text: unions

text: and

text: their

text: members

text: are

text: concerned

text: arrangements

text: like

text: those

text: in

text: these

text: cases

text: also

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text: the

text: free

text: speech

text: rights

text: of

text: non

text: union

text: members

text: Our

text: decision

text: here

text: has

text: no

text: bearing

text: on

text: that

text: issue

text: Footnote

text: We

text: leave

text: open

text: the

text: question

text: whether

text: this

text: is

text: the

text: appropriate

text: framework

text: for

text: analyzing

text: free

text: speech

text: challenges

text: to

text: provisions

text: of

text: the

text: Lanham

text: Act

text: Footnote

text: As

text: with

text: the

text: framework

text: discussed

text: in

text: Part

text: III

text: C

text: of

text: this

text: opinion

text: we

text: leave

text: open

text: the

text: question

text: whether

text: Central

text: Hudson

text: provides

text: the

text: appropriate

text: test

text: for

text: deciding

text: free

text: speech

text: challenges

text: to

text: provisions

text: of

text: the

text: Lanham

text: Act

text: And

text: nothing

text: in

text: our

text: decision

text: should

text: be

text: read

text: to

text: speak

text: to

text: the

text: validity

text: of

text: state

text: unfair

text: competition

text: provisions

text: or

text: product

text: libel

text: laws

text: that

text: are

text: not

text: before

text: us

text: and

text: differ

text: from

text: d

text: s

text: disparagement

text: clause