The High Court Report1 Nov 2023

Oral Argument: Vidal v. Elster | Case No. 22-704 | Date Argued: 11/1/23 | Date Decided: 6/13/24

Question Presented: Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.

Holding: The Lanham Act's names clause "which prohibits the registration of a mark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent," does not violate the First Amendment.

Result: Reversed.

Voting Breakdown: 9-0. Justice Thomas announced the judgment of the Court and delivered the opinion of the Court, except as to Part III. Justices Alito and Gorsuch joined that opinion in full; Chief Justice Roberts and Justice Kavanaugh joined all but Part III; and Justice Barrett joined Parts I, II-A, and II-B. Justice Kavanaugh filed an opinion concurring in part, in which Chief Justice Roberts joined. Justice Barrett filed an opinion concurring in part, in which Justice Kagan joined, in which Justice Sotomayor joined as to Parts I, II, and III-B, and in which Justice Jackson joined as to Parts I and II. Justice Sotomayor filed an opinion concurring in the judgment, in which Justices Kagan and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.
For Respondent: Jonathan E. Taylor, Washington, D.C.

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