Supreme Court declared as unconstitutional<\/a> Section 2(a) of the Lanham Act, a section better known as the \u201cdisparagement clause.\u201d Until Monday, the clause had authorized the U.S. Patent and Trademark Office (\u201cPTO\u201d) to cancel a trademark\u2014which is a word, symbol or other mark that distinguishes a source of goods from others and can be registered with the federal government\u2014if it disparages a substantial percentage of a distinct group of people, be it a racial, ethnic, religious or political group<\/span>.<\/strong><\/p>\nIn a unanimlous 8\u20130 decision (the recently appointed Justice Neil Gorsuch was not on the bench when the case was argued and thus played no role in the decision), the Supreme Court held that the disparagement clause violates the First Amendment\u2019s Free Speech Clause. While the eight justices offered somewhat different styles of logic for their decision, they collectively valued the Free Speech Clause\u2019s instruction that the government shall make no law abridging the freedom of speech of private citizens and businesses. Put simply: Under the Free Speech Clause, the government cannot decide which viewpoints it likes and doesn\u2019t like. Stressing that trademark law is primarily designed to assist consumers in distinguishing between products and to safeguard companies\u2019 investments in their name and brand, the Court regards governmental regulation of free speech as outside the scope of trademark law.<\/strong><\/span><\/p>\nThe push to force the Redskins to change their name through the courts is basically dead\u00a0 The court of public opinion will continue. With the highest court in the land allowing \u201cThe Slants\u201d to thrive, so will the Washington Redskins.<\/p>\n
\u00a0<\/p>\n
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If the Washington Redskins ever change their nickname and mascot from what it is today…<\/p>\n
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