Friday, June 23, 2017

Balkinization: Some preliminary thoughts on Matal v. Tam, Trademarks, and the First Amendment [UPDATED]

Rebecca Tushnet's 43(B)log: Slightly cooler take on Tam


Balkinization: Some preliminary thoughts on Matal v. Tam, Trademarks, and the First Amendment [UPDATED]


Marty Lederman

 The constitutional analysis in the Supreme Court's decision yesterday in Matal v. Tam is, with one exception, split between two four-Justice opinions, the first written by Justice Alito (joined by the Chief Justice, and Justices Thomas and Breyer), and the second written by Justice Kennedy (joined by Justices Ginsburg. Sotomayor and Kagan).   Here are a few preliminary reactions to those opinions.

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