matal interim director patent trademark office tam argued january decided june simon tam lead singer rock group slants chose moniker order reclaim term drain denigrating force derogatory term asian persons tam sought federal registration mark slants patent trademark office pto denied application lanham act provision prohibiting registration trademarks may disparage bring contemp disrepute persons living dead tam contested denial registration administrative appeals process avail took case federal en banc federal circuit ultimately found disparagement clause facially unconstitutional first amendment free speech clause held judgment affirmed affirmed justice alito delivered opinion respect parts ii concluding disparagement clause applies marks disparage members racial ethnic group tam view clause applies natural juristic persons refuted plain terms clause uses word persons mark disparages substantial percentage members racial ethnic group necessarily disparages many persons namely members group tam narrow reading also clashes breadth disparagement clause terms applies persons also institutions beliefs congress wanted confine reach clause used phrase particular living individual used neighboring tam contends interpretation supported legislative history pto practice many years registering marks plainly denigrated certain groups inquiry meaning statute text ceases statutory language unambiguous statutory scheme coherent consistent barnhart sigmon coal internal quotation marks omitted even resort legislative history early enforcement practice appropriate tam presented nothing showing congressional intent adopt interpretation pto practice years following disparagement clause enactment unenlightening pp disparagement clause violates first amendment free speech clause contrary government contention trademarks private government speech free speech clause regulate government speech pleasant grove city summum government required maintain viewpoint neutrality speech exercises great caution extending precedents private speech passed government speech simply affixing government seal approval government silence muffle expression disfavored viewpoints federal government dream trademarks registered pto except required examiner may reject mark based viewpoint appears express mark meets lanham act requirements registration mandatory mark registered pto authorized remove register unless party moves cancellation registration expires federal trade commission initiates proceedings based certain grounds thus suggest content registered mark government speech especially given fact trademarks become government speech registered federal government babbling prodigiously incoherently none cases supports idea registered trademarks government speech johanns livestock marketing pleasant grove city summum walker texas sons confederate veterans distinguished holding registration trademark converts mark government speech constitute huge dangerous extension doctrine systems government registration copyright easily characterized way pp justice alito joined chief justice justice thomas justice breyer concluded parts iv government argument case governed cases unpersuasive cases involved cash subsidies equivalent funds private parties family planning services rust sullivan cash grants artists national endowment arts finley federal registration trademark nothing like programs pto pay money parties seeking registration mark requires payment fees file application maintain registration granted government responds registration provides valuable benefits traceable government resources devoted registering marks nearly every government service requires expenditure government funds true services benefit everyone like police fire protection well services utilized adjudication private lawsuits use public parks highways pp also unpersuasive government claim disparagement clause constitutional doctrine argument based merger cases subsidy cases points two cases involving public employer collection union dues employees davenport washington ed ysursa pocatello ed cases occupy special area first amendment case law far removed registration trademarks cases government creates limited public forum private speech thus allowing restrictions see good news club milford central school rosenberger rector visitors univ potentially analogous even cases viewpoint discrimination forbidden disparagement clause denies registration mark offensive substantial percentage members group viewpoint discrimination sense relevant giving offense viewpoint public expression ideas may prohibited merely ideas offensive hearers street new york pp dispute parties whether trademarks commercial speech subject relaxed scrutiny outlined central hudson gas elect public serv need resolved disparagement clause withstand even central hudson review central hudson restriction speech must serve substantial interest narrowly drawn internal quotation marks omitted one purported interest preventing speech expressing ideas offend idea strikes heart first amendment second interest asserted protecting orderly flow commerce disruption caused trademarks support invidious discrimination clause reaches trademark disparages person group institution narrowly drawn pp justice kennedy joined justice ginsburg justice sotomayor justice kagan agreed constitutes viewpoint discrimination concluding narrow exceptions fundamental principle first amendment government may punish suppress speech based disapproval ideas perspectives speech conveys see rosenberger rector visitors univ test viewpoint discrimination whether within relevant subject category government singled subset messages disfavor based views expressed disparagement clause identifies relevant subject persons living dead institutions beliefs national symbols within category applicant may register positive benign mark derogatory one law thus reflects government disapproval subset messages finds offensive essence viewpoint discrimination government arguments defense statute unpersuasive pp regardless whether trademarks commercial speech viewpoint based discrimination necessarily invokes heightened scrutiny see sorrell ims health extent trademarks qualify commercial speech example category serve blanket exemption first amendment requirement viewpoint neutrality realm trademarks metaphorical marketplace ideas becomes tangible powerful reality permit viewpoint discrimination context permit government censorship pp alito announced judgment delivered opinion respect parts ii roberts kennedy ginsburg breyer sotomayor kagan joined thomas joined except part ii opinion respect parts iv roberts thomas breyer joined kennedy filed opinion concurring part concurring judgment ginsburg sotomayor kagan joined thomas filed opinion concurring part concurring judgment gorsuch took part consideration decision case opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press joseph matal interim director patent trademark office petitioner simon shiao tam writ certiorari appeals federal circuit june justice alito announced judgment delivered opinion respect parts ii opinion respect parts iv chief justice justice thomas justice breyer join case concerns band application federal trademark registration band name slants slants derogatory term persons asian descent members band band members believe taking slur name group help reclaim term drain denigrating force patent trademark office pto denied application based provision federal law prohibiting registration trademarks may disparage bring contemp disrepute persons living dead hold provision violates free speech clause first amendment offends bedrock first amendment principle speech may banned ground expresses ideas offend principle underlying trademark protection distinctive marks words names symbols like help distinguish particular artisan goods others hardware hargis industries slip see also stores samara brothers trademark designate goods product particular trader protect good sale another product drug theodore rectanus see also hanover star milling metcalf helps consumers identify goods services wish purchase well want avoid see stores supra park fly dollar park fly ederal law create trademarks hardware supra slip trademarks precursors ancient origins trademarks protected common law equity time founding country mccarthy trademarks unfair competition ed hereinafter mccarthy pattishal constitutional foundations american trademark law trademark pattishall two hundred years american trademark law trademark see cases century trademark protection province see two pesos taco cabana stevens concurring judgment thomas concurring judgment eventually congress stepped provide degree national uniformity passing first federal legislation protecting trademarks see act july stat foundation current federal trademark law lanham act enacted see act july ch stat time trademark expanded far beyond phrases identify good service trademarks often consisted catchy phrases convey message lanham act trademarks used commerce may placed principal register may federally registered marks capable distinguishing applicant goods services registrable principal register lawful use commerce owner thereof may instead placed different federal register supplemental register two million marks active federal certificates registration pto performance accountability report fiscal year table https internet materials last visited june system federal registration helps ensure trademarks fully protected supports free flow commerce ational protection trademarks desirable explained trademarks foster competition maintenance quality securing producer benefits good reputation san francisco arts athletics olympic internal quotation marks omitted see also park fly supra lanham act provides national protection trademarks order secure owner mark goodwill business protect ability consumers distinguish among competing producers without federal registration valid trademark may still used commerce see mccarthy unregistered trademark enforced infringers several ways important even trademark federally registered may still enforceable lanham act creates federal cause action trademark infringement see two pesos supra section prohibits broader range practices applies registered marks common ground protects qualifying unregistered trademarks internal quotation marks citation omitted unregistered trademarks may also entitled protection federal statutes anticybersquatting consumer protection act see mccarthy requirement anticybersquatting act protected registered unregistered common law marks protected act unregistered trademark enforced state common law registered state state registration system see explaining federal system registration protection preempt parallel state law protection either state common law state registration vast majority situations federal state trademark law peacefully coexist discussing state trademark registration systems federal registration however confers important legal rights benefits trademark owners register marks hardware slip internal quotation marks omitted registration principal register serves notice registrant claim ownership mark ibid quoting facie evidence validity registered mark registration mark owner ownership mark owner exclusive right use registered mark commerce connection goods services specified certificate hardware slip quoting make mark mark registered five years ibid quoting see park fly registration also enables trademark holder stop importation articles bearing infringing mark mccarthy see lanham act contains provisions bar certain trademarks principal register example trademark registered merely descriptive deceptively misdescriptive goods similar already registered trademark trade name likely cause confusion cause mistake deceive issue case one provision call disparagement clause provision prohibits registration trademark may disparage persons living dead institutions beliefs national symbols bring contempt disrepute clause appeared original lanham act remained day see stat deciding whether trademark disparaging examiner pto generally applies test examiner first considers likely meaning matter question taking account dictionary definitions also relationship matter elements mark nature goods services manner mark used marketplace connection goods services trademark manual examining procedure apr http meaning found refer identifiable persons institutions beliefs national symbols examiner moves second step asking whether meaning may disparaging substantial referenced group ibid examiner finds substantial composite although necessarily majority referenced group find proposed mark disparaging context contemporary attitudes prima facie case disparagement made burden shifts applicant prove trademark disparaging ibid pto specified fact applicant may member group good intentions underlying use term obviate fact substantial composite referenced group find term objectionable ibid simon tam lead singer slants tam ca fed en banc corrected chose moniker order reclaim take ownership stereotypes people asian ethnicity ibid internal quotation marks omitted group draws inspiration lyrics childhood slurs mocking nursery rhymes given albums names yellow album slanted eyes slanted hearts ibid tam sought federal registration slants principal register app examining attorney pto rejected request applying pto framework finding substantial composite persons find term mark offensive examining attorney relied part fact numerous dictionaries define derogatory offensive term examining attorney also relied finding band name found offensive numerous times citing performance canceled band moniker fact several bloggers commenters articles band indicated find term mark offensive tam contested denial registration examining attorney pto trademark trial appeal board ttab avail eventually took case federal en banc federal circuit ultimately found disparagement clause facially unconstitutional first amendment free speech clause majority found clause engages discrimination clause regulates expressive component trademarks consequently treated commercial speech clause subject satisfy strict scrutiny see majority also rejected government argument registered trademarks constitute government speech well government contention federal registration form government subsidy see majority opined even disparagement clause analyzed commercial speech cases clause fail intermediate scrutiny cases prescribe see several judges wrote separately advancing assortment theories concurring judge agreed majority reasoning added disparagement clause unconstitutionally vague see judge dyk concurred part dissented part argued trademark registration government subsidy disparagement clause facially constitutional found clause unconstitutional applied slants mark constitutes core expression adopted purpose disparaging see dissent judge lourie agreed judge dyk clause facially constitutional concluded variety reasons also constitutional applied case see judge reyna also dissented maintaining trademarks commercial speech disparagement clause survives intermediate scrutiny directly advances government substantial interest orderly flow commerce see government filed petition certiorari granted order decide whether disparagement clause facially invalid free speech clause first amendment pet cert see sub nom lee tam ii reaching question whether disparagement clause violates first amendment consider tam argument clause reach marks disparage racial ethnic groups clause prohibits registration marks disparage persons tam claims term persons includes natural juristic persons entities racial ethnic groups brief respondent tam never raised argument pto federal circuit declined grant certiorari question tam asked us see brief responding petition certiorari pp normally end matter see yee escondido freytag commissioner scalia concurring part concurring judgment government pointed connection petition certiorari accepting tam statutory interpretation resolve case leave first amendment question another day see reply brief often stressed importan avoid premature adjudication constitutional questions clinton jones pass questions constitutionality unless adjudication unavoidable spector motor service mclaughlin see also alabama state federation labor mcadory burton thus begin explaining tam argument definition persons lanham act meritless noted disparagement clause prohibits registration trademarks may disparage persons living dead tam points definition person lanham act provides construction chapter unless contrary plainly apparent context term word term used designate applicant entitled benefit privilege rendered liable provisions chapter includes juristic person well natural person racial ethnic groups neither natural juristic persons tam asserts groups fall outside definition brief respondent tam argument refuted plain terms disparagement clause clause applies marks disparage persons mark disparages substantial percentage members racial ethnic group trademark manual necessarily disparages many persons namely members group tam argument fail even clause used singular term person congress use plural persons makes point doubly tam narrow reading term persons also clashes breadth disparagement clause terms clause applies marks disparage persons also institutions beliefs thus applies members group whose members share particular beliefs political ideological religious groups applies marks denigrate institutions tam reading also reaches juristic persons corporations unions unincorporated associations see thus clause limited marks disparage particular natural person congress wanted confine reach disparagement clause way tam suggests easy neighboring provision lanham act denies registration trademark onsists comprises name portrait signature identifying particular living individual except written consent emphasis added tam contends interpretation disparagement clause supported legislative history pto willingness many years register marks plainly denigrated native americans arguments unpersuasive always inquiry meaning statute text ceases statutory language unambiguous statutory scheme coherent consistent barnhart sigmon coal internal quotation marks omitted clear prohibition registering trademarks may disparage persons prohibits registration terms disparage persons share common race ethnicity even resort legislative history early enforcement practice appropriate find tam arguments unconvincing tam brought attention evidence legislative history showing congress meant adopt interpretation practice pto years following enactment disparagement clause unenlightening admitted vagueness disparagement huge volume applications produced haphazard record enforcement even today principal register replete marks many regard disparaging racial ethnic registration offensive marks tam cites likely attributable acceptance interpretation clause factors likely regrettable attitudes sensibilities time question iii disparagement clause applies marks disparage members racial ethnic group must decide whether clause violates free speech clause first amendment outset must consider three arguments either eliminate first amendment protection result highly permissive review specifically government contends trademarks government speech private speech trademarks form government subsidy constitutionality disparagement clause tested new doctrine address arguments first amendment prohibits congress government entities actors abridging freedom speech first amendment say congress government entities must abridge ability speak freely cases recognize free speech clause regulate government speech pleasant grove city summum see johanns livestock marketing government speech exempt first amendment scrutiny board regents univ system southworth said easy imagine government function subject restrictions first amendment imposes private speech summum supra see walker texas sons confederate veterans slip first amendment forbids government regulate speech ways favor viewpoints ideas expense others lamb chapel center moriches union free school imposing requirement government speech paralyzing government entity embarks course action necessarily takes particular viewpoint rejects others free speech clause require government maintain viewpoint neutrality officers employees speak venture simple example second world war federal government produced distributed millions posters promote war posters urging enlistment purchase war bonds conservation scarce posters expressed viewpoint first amendment demand government balance message posters producing distributing posters encouraging americans refrain engaging activities doctrine important indeed essential doctrine susceptible dangerous misuse private speech passed government speech simply affixing government seal approval government silence muffle expression disfavored viewpoints reason must exercise great caution extending precedents issue content trademarks registered pto arm federal government federal government dream marks edit marks submitted registration except required statute involved examiner may reject mark based viewpoint appears express thus unless section thought apply examiner inquire whether viewpoint conveyed mark consistent government policy whether viewpoint consistent expressed marks already principal register instead mark meets lanham act requirements registration mandatory ibid requiring trademark shall refused registration principal register account nature unless falls within enumerated statutory exception examiner finds mark eligible placement principal register decision reviewed higher official unless registration challenged see cfr moreover mark registered pto authorized remove register unless party moves cancellation registration expires federal trade commission initiates proceedings based certain grounds see cfr light suggest content registered mark government speech federal registration trademark makes mark government speech federal government babbling prodigiously incoherently saying many unseemly things see app brief amicus curiae expressing contradictory unashamedly endorsing vast array commercial products services providing delphic advice consuming public example trademarks represent government speech government mind advises americans sony think different apple nike way burger king government warning coming disaster registered mark endtime ministries pto made clear registration constitute approval mark see old glory condom uspq ttab ssuance trademark registration government imprimatur unlikely tiny fraction public idea federal registration trademark means see application national distillers chemical pat rich concurring purchasing public knows trademark registrations man walking street strange city knows legal title land buildings passes emphasis deleted none government speech cases even remotely supports idea registered trademarks government speech johanns considered advertisements promoting sale beef products federal statute called creation program paid advertising advance image desirability beef beef products quoting congress secretary agriculture provided guidelines content ads department agriculture officials attended meetings content specific ads discussed secretary edit reject proposed ad noting message set beef promotions beginning end message established federal government held ads government speech government involvement creation beef ads bears resemblance anything occurs trademark registered decision summum similarly far afield small city park contained monuments eleven donated private groups one displayed ten commandments religious group claimed city accepting donated monuments created limited public forum private speech therefore obligated place park monument expressing group religious beliefs holding monuments park represented government speech cited many factors governments used monuments speak public since ancient times parks traditionally selective accepting displaying donated monuments parks overrun obligated accept monuments offered private groups ublic parks often closely identified public mind government unit owns land monuments accepted meant convey effect conveying government message trademarks share none characteristics trademarks traditionally used convey government message exception enforcement viewpoint expressed mark played role decision whether place principal register evidence public associates contents trademarks federal government brings us case government relies heavily walker likely marks outer bounds doctrine holding messages texas specialty license plates government speech walker cited three factors distilled summum slip first license plates long used convey state messages slip second license plates often closely identified public mind state since manufactured owned state generally designed state serve form government id slip internal quotation marks omitted third texas maintain ed direct control messages conveyed specialty plates slip explained none factors present case sum federal registration trademarks vastly different beef ads johanns monuments summum even specialty license plates walker holding registration trademark converts mark government speech constitute huge dangerous extension doctrine registration trademarks constituted government speech systems government registration easily characterized way perhaps worrisome implication government argument concerns system copyright registration federal registration makes trademark government speech thus eliminates first amendment protection registration copyright book produce similar transformation see explaining trademark registration amounts government speech copyright registration identical accoutrements likewise amount government speech government attempts distinguish copyright ground engine free expression brief petitioner quoting eldred ashcroft case illustrates trademarks often expressive content companies spend huge amounts create publicize trademarks convey message true necessary brevity trademarks limits say powerful messages sometimes conveyed words trademarks private government speech next address government argument case governed cases upheld constitutionality government programs subsidized speech expressing particular viewpoint cases implicate notoriously tricky question constitutional law held government deny benefit person basis infringes constitutionally protected freedom speech even entitlement benefit agency development alliance open society slip internal quotation marks omitted time government required subsidize activities wish promote ibid determining principles applies particular case always slip difficult question presented unlike present case decisions government relies involved cash subsidies equivalent rust sullivan federal law provided funds private parties family planning services national endowment arts finley cash grants awarded artists federal funding public libraries issue american library cases regarded tax benefits comparable cash subsidies see regan taxation representation cammarano federal registration trademark nothing like programs issue cases pto pay money parties seeking registration mark quite contrary true applicant registration must pay pto filing fee cfr tam submitted fee part application register slants app maintain federal registration holder mark must pay fee every years see also federal circuit concluded fees fully supported registration system past years government responds registration provides valuable benefits directly traceable resources devoted federal government examining publishing issuing certificates registration marks brief petitioner every government service requires expenditure government funds true services benefit everyone like police fire protection well services utilized adjudication private lawsuits use public parks highways trademark registration government registration scheme example federal government registers copyrights patents state governments subdivisions register title real property security interests issue driver licenses motor vehicle registrations hunting fishing boating licenses permits cases like rust finley instructive analyzing constitutionality restrictions speech imposed connection services finally government urges us sustain disparagement clause new doctrine apply cases part argument simply merges cases previously discussed subsidy cases attempt construct broader doctrine applied registration trademarks new element construct consists two cases involving public employer collection union dues employees cases occupy special area first amendment case law far removed registration trademarks davenport washington ed washington law permitted public employer automatically deduct wages employees chose join union portion union dues used activities related collective bargaining unless employees affirmatively consented law allow employer collect portion union dues used election activities public employee union argued law unconstitutionally restricted speech based content law permitted employer assist union speech matters relating collective bargaining made harder union collect money support election activities upholding law characterized imposing modest limitation extraordinary benefit namely taking money wages members turning union free charge refusing confer even greater benefit held upset marketplace ideas abridge union free speech rights ysursa pocatello ed similar considered idaho law allowed public employees elect union dues deducted wages allow deduction money remitted union political action committee reasoned government required assist others funding expression particular ideas see also first amendment confer affirmative right use government payroll mechanisms purpose obtaining funds expression davenport ysursa akin subsidy cases although laws issue davenport ysursa provide cash subsidies unions conferred valuable benefit right negotiate agreement obligated pay agency fee public employer collect turn union free charge cash subsidy cases laws conferred benefit thought arrangement served important government interests see abood detroit bd challenged laws go provide convenient collection mechanisms money used political activities essence washington idaho lawmakers chose confer substantial benefit purpose furthering activities particularly desired promote provide similar benefit purpose furthering activities thus davenport ysursa relevant present purposes subsidy cases previously potentially analogous cases unit government creates limited public forum private speech see good news club milford central school rosenberger visitors univ lamb chapel see also legal services corporation velazquez government creates forum either literal metaphysical sense see rosenberger restrictions may allowed see however even cases termed viewpoint discrimination forbidden cases use term viewpoint discrimination broad sense see sense disparagement clause discriminates bases viewpoint sure clause evenhandedly prohibits disparagement groups applies equally marks damn democrats republicans capitalists socialists arrayed sides every possible issue denies registration mark offensive substantial percentage members group sense relevant viewpoint discrimination giving offense viewpoint said time public expression ideas may prohibited merely ideas offensive hearers street new york see also texas johnson bedrock principle underlying first amendment government may prohibit expression idea simply society finds idea offensive disagreeable hustler magazine falwell coates cincinnati bachellar maryland tinker des moines independent community school cox louisiana edwards south carolina terminiello chicago cantwell connecticut schneider state town irvington de jonge oregon reason disparagement clause saved analyzing type government program restrictions iv concluded disparagement clause sustained subsidy cases government proposed doctrine must confront dispute parties question whether trademarks commercial speech thus subject relaxed scrutiny outlined central hudson gas elec public serv government amici supporting position argue trademarks commercial speech note central purposes trademarks commercial federal law regulates trademarks promote fair orderly interstate commerce tam amici hand contend many trademarks expressive component words trademarks simply identify source product service go say something either product service broader issue trademark case illustrates point name slants identifies band expresses view social issues need resolve debate parties disparagement clause withstand even central hudson central hudson restriction speech must serve substantial interest must narrowly drawn internal quotation marks omitted means among things regulatory technique may extend far interest serves disparagement clause fails requirement claimed disparagement clause serves two interests first phrased variety ways briefs echoing language one opinions government asserts interest preventing demeaning messages commercial advertising brief petitioner quoting dyk concurring part dissenting part amicus supporting government refers encouraging racial tolerance protecting privacy welfare individuals brief native american organizations amici curiae matter point phrased unmistakable thrust government interest preventing speech expressing ideas offend explained idea strikes heart first amendment speech demeans basis race ethnicity gender religion age disability similar ground hateful proudest boast free speech jurisprudence protect freedom express thought hate schwimmer holmes dissenting second interest asserted protecting orderly flow commerce see reyna dissenting brief petitioner brief native american organizations amicus curiae commerce told disrupted trademarks involv disparagement race gender ethnicity national origin religion sexual orientation similar demographic classification opinion reyna trademarks analogized discriminatory conduct recognized adverse effect commerce see ibid brief petitioner brief native american organizations amici curiae simple answer argument disparagement clause narrowly drawn drive trademarks support invidious discrimination clause reaches trademark disparages person group institution applies trademarks like following racists sexists homophobes clause clause way goes much necessary serve interest asserted clause far broad ways well clause protects every person living dead well every institution conceivable commerce disrupted trademark saying james buchanan disastrous president slavery evil institution also deeper problem argument commercial speech may cleansed expression likely cause offense commercial market well stocked merchandise disparages prominent figures groups line commercial speech always clear case illustrates affixing commercial label permits suppression speech may lead political social volatility free speech endangered reasons hold disparagement clause violates free speech clause first amendment judgment federal circuit affirmed ordered justice gorsuch took part consideration decision case opinion kennedy joseph matal interim director patent trademark office petitioner simon shiao tam writ certiorari appeals federal circuit june justice kennedy justice ginsburg justice sotomayor justice kagan join concurring part concurring judgment patent trademark office pto denied substantial benefits federal trademark registration mark slants pto mandate disparagement clause prohibits registration marks may disparage bring contemp disrepute persons living dead institutions beliefs national symbols correct hold constitutes viewpoint discrimination form speech suppression potent must subject rigorous constitutional scrutiny government action statute based survive scrutiny correct judgment join parts ii opinion separate writing explains greater detail first amendment protections viewpoint discrimination apply trademark submits viewpoint discrimination rationale renders unnecessary extended treatment questions raised parties categories speech government regulate punish instance fraud defamation incitement well established within constitutional tradition see stevens aside narrow exceptions fundamental principle first amendment government may punish suppress speech based disapproval ideas perspectives speech conveys see rosenberger rector visitors univ first amendment guards laws targeted specific subject matter form speech suppression known content based discrimination reed town gilbert slip category includes subtype laws go aimed suppression particular views subject rosenberger law found discriminate based viewpoint egregious form content discrimination presumptively unconstitutional basic test viewpoint discrimination whether within relevant subject category government singled subset messages disfavor based views expressed see cornelius naacp legal defense ed fund government violates first amendment denies access speaker solely suppress point view espouses otherwise includible subject instant case disparagement clause government seeks implement enforce identifies relevant subject persons living dead institutions beliefs national symbols within category applicant may register positive benign mark derogatory one law thus reflects government disapproval subset messages finds offensive essence viewpoint discrimination government disputes conclusion argues begin law viewpoint neutral applies equal measure trademark demeans offends misses point subject first defined content regulated censored mandating one sort comment viewpoint neutral prohibit sides criticizing opponents makes law viewpoint based less cf rosenberger supra declaration debate skewed long multiple voices silenced simply wrong debate skewed multiple ways logic government rule law viewpoint neutral even provided public officials praised condemned first amendment viewpoint neutrality principle protects right identify particular side protects right create present arguments particular positions particular ways speaker chooses mandating positivity law might silence dissent distort marketplace ideas government next suggests statute viewpoint neutral disparagement clause applies trademarks regardless applicant personal views reasons using mark instead registration denied based expected reaction applicant audience way argument goes said government acting hostility toward particular point view example government dispute respondent seeks use mark positive way indeed respondent endeavors use slants supplant racial epithet using new insights musical talents wry humor make badge pride respondent application denied government thought object demean offend government thought trademark effect least government may insulate law charges viewpoint discrimination tying censorship reaction speaker audience suggested viewpoint discrimination occurs government intends suppress speaker beliefs reed supra slip viewpoint discrimination need take form every instance danger viewpoint discrimination government attempting remove certain ideas perspectives broader debate danger greater ideas perspectives ones particular audience might think offensive least first hearing initial reaction may prompt reflection leading reasoned tolerant position indeed speech burden based audience reactions simply government hostility intervention different guise speech targeted based government disapproval speaker choice message government attempting case decide whether relevant audience find speech offensive reasons like cases long prohibited government justifying first amendment burden pointing offensiveness speech suppressed see ante collecting examples government argument defense statute assumes respondent mark negative comment addressing argument terms opinion intended imply government interpretation accurate respondent submissions evident disagree mark means government says trademark effect respondent urges reclaiming offensive term positive purpose celebrating contribute diverse nation brief respondent thoughtful persons agree disagree approach dissonance trademark potential teach government insistence opposite negative interpretation confirms constitutional vice statute ii parties dispute whether trademarks commercial speech whether trademark registration considered federal subsidy former issue may turn whether certain commercial concerns protection trademarks might general matter basis regulation however issue resolved viewpoint based discrimination issue necessarily invokes heightened scrutiny commercial speech exception explained principle first amendment requires heightened scrutiny whenever government creates regulation speech disagreement message conveys sorrell ims health internal quotation marks omitted unlike content based discrimination discrimination based viewpoint including regulation targets speech offensiveness remains serious concern commercial context see bolger youngs drug products extent trademarks qualify commercial speech example term category serve blanket exemption first amendment requirement viewpoint neutrality justice holmes reference free trade ideas power thought get accepted competition market abrams dissenting opinion metaphor realm trademarks metaphorical marketplace ideas becomes tangible powerful reality real marketplace exists matter state law tradition quite without regard federal government see ante marks make part expression everyday life names entertainment groups broadcast networks designer clothing newspapers automobiles candy bars toys see brief amicus curiae collecting examples nonprofit organizations ranging charities humanitarian causes political advocacy groups also trademarks use compete real economic sense funding resources seek persuade others join cause see collecting examples permit viewpoint discrimination context permit government censorship case present question provisions lanham act analyzed first amendment well settled instance extent trademark confusing misleading law protect consumers trademark owners see ftc winstead hosiery labels question literally false palpably commission found calculated deceive fact deceive substantial portion purchasing public case also involve laws related product labeling otherwise designed protect consumers see sorrell supra government legitimate interest protecting consumers commercial harms explains commercial speech subject greater governmental regulation noncommercial speech internal quotation marks omitted considerations however alter speech principles bar viewpoint discrimination embodied statutory provision issue telling precedents recognized one narrow situation viewpoint discrimination permissible government speaking recruiting others communicate message behalf see legal services corporation velazquez board regents univ system southworth rosenberger exception necessary allow government stake positions pursue policies see southworth supra see also ante also narrow prevent government claiming every government program exempt first amendment cases identified number factors present suggest government speaking behalf none present see ante may situations private speakers selected government program assist government advancing particular message case either central purpose trademark registration facilitate source identification serve broad purpose government provided benefits federal registration millions marks identifying every type product cause registered trademarks means wide diversity words symbols messages whether mark disparaging bears plausible relation goal defining purpose scope federal program purposes complex see agency development alliance open society slip cases clear viewpoint discrimination permitted government expends funds encourage diversity views private speakers velazquez supra internal quotation marks omitted law directed speech found offensive portion public turned minority dissenting views detriment first amendment entrust power government benevolence instead reliance must substantial safeguards free open discussion democratic society reasons join opinion part concur judgment thomas concurring joseph matal interim director patent trademark office petitioner simon shiao tam writ certiorari appeals federal circuit june justice thomas concurring part concurring judgment join opinion justice alito except part ii respondent failed present statutory argument either patent trademark office appeals declined respondent invitation grant certiorari question ante see reason address legal question first instance see star athletica varsity brands slip also write separately continue believe government seeks restrict truthful speech order suppress ideas conveys strict scrutiny appropriate whether speech question may characterized lorillard tobacco reilly thomas concurring part concurring judgment see also liquormart rhode island nonetheless join part iv justice alito opinion correctly concludes disparagement clause unconstitutional even less stringent test announced central hudson gas elec public serv footnotes opinion federal circuit opined although section allows federal suit protect unregistered trademark clear respondent bring suit authority extending marks denied disparagement provision tam en banc corrected drawing conclusion federal circuit relied part statement two pesos general principles qualifying mark registration lanham act part applicable determining whether unregistered mark entitled protection need decide today whether respondent bring suit application federal registration lawfully denied disparagement clause disparagement clause also prevents trademark registered supplemental register composite assume pto means component tam advances convoluted textual argument goes follows definition person include person group sue sued right brief respondent groups consist multiple natural persons therefore members groups persons disparagement clause argument leads absurd result person person within meaning disparagement clause every person member group women men people born days people born days pto acknowledged guidelines determining whether mark scandalous disparaging somewhat vague determination whether mark scandalous disparaging necessarily highly subjective one heads uspq ttab brackets internal quotation marks omitted pto similarly observed whether mark disparaging highly subjective thus general rules difficult postulate harjo uspq ttab rev supp dc rev remanded part cadc per curiam see app brief amicus curiae see nelson posters war ibid compare abolish abortion registration apr stand planned parenthood registration compare capitalism moral fair freedom registration mar capitalism ensuring innovation registration may compare global warming good registration july solution global warming registration registration may think different registration apr registration way registration june endtime ministries registration june cases resemble subsidy cases insofar free speech rights unions members concerned arrangements like cases also implicate free speech rights members decision bearing issue leave open question whether appropriate framework analyzing free speech challenges provisions lanham act framework discussed part opinion leave open question whether central hudson provides appropriate test deciding free speech challenges provisions lanham act nothing decision read speak validity state unfair competition provisions product libel laws us differ disparagement clause