san
francisco
arts
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march
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section
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sports
act
act
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committee
usoc
right
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promotional
uses
word
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symbols
petitioner
san
francisco
arts
athletics
sfaa
nonprofit
california
corporation
promoted
gay
olympic
games
held
using
words
letterheads
mailings
local
newspapers
various
merchandise
sold
cover
costs
planned
games
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terminate
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description
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amendment
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actor
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defenses
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language
legislative
history
indicate
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without
regard
whether
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pp
also
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value
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skill
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energy
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result
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time
effort
expense
view
history
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word
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pp
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word
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public
interest
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activities
participation
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athletes
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games
even
though
protection
may
exceed
traditional
rights
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owner
certain
circumstances
act
application
commercial
speech
broader
necessary
protect
legitimate
congressional
interests
therefore
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amendment
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government
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enforce
exclusive
right
use
word
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simply
governmental
decision
pp
powell
delivered
opinion
rehnquist
white
stevens
scalia
joined
parts
ii
iii
blackmun
joined
filed
opinion
concurring
part
dissenting
part
blackmun
joined
post
brennan
filed
dissenting
opinion
marshall
joined
post
mary
dunlap
argued
cause
petitioners
briefs
paul
hoffman
susan
mcgreivy
fred
okrand
john
kester
argued
cause
respondents
brief
edward
bennett
williams
vincent
fuller
richard
kline
edward
colbert
joseph
lewis
robert
rotstein
antonia
hernandez
richard
larson
abby
rubenfeld
leonard
graff
armando
menocal
filed
brief
mexican
american
legal
defense
educational
fund
et
al
amici
curiae
urging
reversal
george
kaufmann
laurence
gold
filed
brief
american
federation
labor
congress
industrial
organizations
amicus
curiae
urging
affirmance
michael
ratner
rhonda
copelon
randall
glenn
wick
richard
perkins
filed
brief
amateur
athletic
union
et
al
amici
curiae
justice
powell
delivered
opinion
case
consider
scope
constitutionality
provision
amateur
sports
act
authorizes
olympic
committee
prohibit
certain
commercial
promotional
uses
word
olympic
petitioner
san
francisco
arts
athletics
sfaa
nonprofit
california
corporation
sfaa
originally
sought
incorporate
name
golden
gate
olympic
association
told
california
department
corporations
word
olympic
appear
corporate
title
app
incorporation
sfaa
nevertheless
began
promote
gay
olympic
games
using
words
letterheads
mailings
local
newspapers
ibid
games
event
begin
august
san
francisco
california
sfaa
expected
athletes
hundreds
cities
country
cities
world
games
open
ceremony
rival
traditional
olympic
games
see
relay
runners
carry
torch
new
york
city
across
country
kezar
stadium
san
francisco
final
runner
enter
stadium
gay
olympic
torch
light
gay
olympic
flame
ceremony
continue
athletes
marching
uniform
stadium
behind
respective
city
flags
competition
occur
different
contests
winners
receiving
gold
silver
bronze
medals
cover
cost
planned
games
sfaa
sold
buttons
bumper
stickers
merchandise
bearing
title
gay
olympic
games
section
amateur
sports
act
act
stat
grants
respondent
olympic
committee
usoc
right
prohibit
certain
commercial
promotional
uses
word
olympic
various
olympic
symbols
late
december
executive
director
usoc
wrote
sfaa
informing
existence
amateur
sports
act
requesting
sfaa
immediately
terminate
use
word
olympic
description
planned
games
sfaa
first
agreed
substitute
word
athletic
word
olympic
one
month
later
resumed
use
term
usoc
became
aware
sfaa
still
advertising
games
olympic
newspaper
article
may
august
usoc
brought
suit
federal
district
northern
district
california
enjoin
sfaa
use
word
olympic
district
granted
temporary
restraining
order
preliminary
injunction
appeals
ninth
circuit
affirmed
proceedings
district
granted
usoc
summary
judgment
permanent
injunction
appeals
affirmed
judgment
district
found
act
granted
usoc
exclusive
use
word
olympic
without
requiring
usoc
prove
unauthorized
use
confusing
without
regard
defenses
available
entity
sued
trademark
violation
lanham
act
stat
amended
et
seq
reach
sfaa
contention
usoc
enforced
rights
discriminatory
manner
found
usoc
state
actor
bound
constraints
constitution
also
found
usoc
property
righ
word
olympic
associated
symbols
slogans
protected
without
violating
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amendment
denied
sfaa
petition
rehearing
en
banc
three
judges
dissented
finding
panel
interpretation
act
raised
serious
first
amendment
issues
granted
certiorari
review
issues
statutory
constitutional
interpretation
decided
appeals
affirm
ii
sfaa
contends
appeals
erred
interpreting
act
granting
usoc
anything
normal
trademark
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olympic
starting
point
every
case
involving
construction
statute
language
kelly
robinson
quoting
blue
chip
stamps
manor
drug
stores
powell
concurring
section
act
provides
without
consent
usoc
person
uses
purpose
trade
induce
sale
goods
services
promote
theatrical
exhibition
athletic
performance
competition
words
olympic
olympiad
citius
altius
fortius
combination
simulation
thereof
tending
cause
confusion
cause
mistake
deceive
falsely
suggest
connection
usoc
olympic
activity
shall
subject
suit
civil
action
usoc
remedies
provided
lanham
act
congress
passed
act
unauthorized
use
word
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punishable
criminally
relevant
statute
force
since
require
use
confusing
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person
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purpose
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performance
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altius
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amended
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altius
fortius
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deceive
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suggest
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usoc
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carries
forward
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existing
statute
enacted
adds
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tending
cause
confusion
cause
mistake
deceive
respect
usoc
olympic
activity
emphasis
added
sfaa
argues
reference
lanham
act
remedies
read
incorporating
traditional
trademark
defenses
well
see
argument
ignores
clear
language
section
also
shorthand
reference
remedies
replaced
earlier
draft
specific
list
remedies
typically
available
trademark
infringement
injunctive
relief
recovery
profits
damages
costs
attorney
fees
see
lanham
act
list
contained
reference
trademark
defenses
cong
rec
proposed
moreover
usoc
already
held
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word
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app
sfaa
interpretation
act
largely
superfluous
sum
language
legislative
history
indicate
clearly
congress
intended
grant
usoc
exclusive
use
word
olympic
without
regard
whether
use
word
tends
cause
confusion
incorporate
defenses
available
lanham
act
iii
recognized
ational
protection
trademarks
desirable
trademarks
foster
competition
maintenance
quality
securing
producer
benefits
good
reputation
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fly
dollar
park
fly
lanham
act
et
congress
established
system
protecting
trademarks
section
lanham
act
defines
trademark
word
name
symbol
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combination
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adopted
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merchant
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goods
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iii
lanham
act
owner
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protected
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uses
likely
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cause
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section
lanham
act
grants
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statutory
defenses
alleged
trademark
infringer
protection
granted
usoc
use
olympic
words
symbols
differs
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protection
two
respects
usoc
need
prove
contested
use
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word
available
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defenses
sfaa
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effect
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lanham
act
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dimension
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sfaa
contends
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olympic
generic
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gain
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act
sfaa
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required
thus
first
amendment
prohibits
congress
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word
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second
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turn
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words
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words
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suppressing
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process
cohen
california
sfaa
argues
principle
prohibits
congress
granting
usoc
exclusive
control
uses
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sfaa
views
generic
yet
recognition
always
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word
acquires
value
result
organization
expenditure
labor
skill
money
entity
entity
constitutionally
may
obtain
limited
property
right
word
international
news
service
associated
press
see
cases
need
case
decide
whether
congress
ever
grant
private
entity
exclusive
use
generic
word
congress
reasonably
conclude
commercial
promotional
value
word
olympic
product
usoc
talents
energy
end
result
much
time
effort
expense
zacchini
broadcasting
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together
respondent
international
olympic
committee
ioc
used
word
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least
since
modern
olympic
games
began
app
baron
pierre
de
coubertin
france
acting
pursuant
government
commission
proposed
revival
ancient
olympic
games
promote
international
understanding
chester
olympic
games
handbook
de
coubertin
sought
identify
spirit
ancient
olympic
games
corrupted
influence
money
politics
see
finley
pleket
olympic
games
first
thousand
years
de
coubertin
thus
formed
ioc
established
elaborate
rules
procedures
conduct
modern
olympics
see
olympic
charter
rules
addition
rules
direct
every
national
committee
protect
use
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flag
symbol
flame
motto
rules
ioc
charter
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national
olympic
committee
sole
authority
represent
olympic
games
pursuant
authority
usoc
used
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words
symbols
extensively
country
fulfill
object
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charter
ensur
ing
development
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movement
sport
rule
history
origins
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demonstrates
meritlessness
sfaa
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congress
simply
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generic
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vocabulary
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exclusive
use
usoc
congress
reasonably
find
since
word
olympic
acquired
trademark
law
known
secondary
meaning
become
distinctive
usoc
goods
commerce
lanham
act
see
park
fly
dollar
park
fly
right
adopt
use
word
distinguish
goods
property
person
whose
mark
exclusion
use
persons
long
recognized
cases
supra
congress
reasonably
conclude
usoc
distinguished
word
olympic
efforts
congress
decision
grant
usoc
limited
property
right
word
olympic
falls
within
scope
trademark
law
protections
thus
certainly
within
constitutional
bounds
congress
also
acted
reasonably
concluded
usoc
required
prove
unauthorized
use
word
olympic
likely
confuse
public
extent
applies
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purpose
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induce
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goods
services
application
commercial
speech
commercial
speech
receives
limited
form
first
amendment
protection
posadas
de
puerto
rico
assoc
tourism
company
puerto
rico
central
hudson
gas
electric
public
service
new
york
section
also
allows
usoc
prohibit
use
olympic
promotion
theatrical
athletic
events
although
many
promotional
uses
commercial
speech
uses
may
go
beyond
strictly
business
context
see
friedman
rogers
case
sfaa
claims
use
word
olympic
intended
convey
political
statement
status
homosexuals
society
thus
sfaa
claims
case
suppresses
political
speech
prohibiting
use
one
word
particular
purposes
neither
congress
usoc
prohibited
sfaa
conveying
message
sfaa
held
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event
planned
format
names
gay
games
gay
games
ii
respectively
see
supra
clear
restricts
purely
expressive
uses
word
olympic
section
restricts
manner
sfaa
may
convey
message
restrictions
expressive
speech
properly
characterized
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primary
congressional
purpose
encouraging
rewarding
usoc
activities
appropriate
inquiry
thus
whether
incidental
restrictions
first
amendment
freedoms
greater
necessary
substantial
governmental
interest
one
reason
congress
grant
usoc
exclusive
control
word
olympic
trademarks
ensure
usoc
receives
benefit
efforts
usoc
incentive
continue
produce
quality
product
turn
benefits
public
see
mccarthy
trademarks
unfair
competition
pp
special
circumstance
usoc
congress
broader
public
interest
promoting
activities
usoc
participation
amateur
athletes
great
sport
festival
olympic
games
olympic
charter
rule
usoc
goal
olympic
charter
rule
olympic
movement
aims
promote
development
physical
moral
qualities
basis
sport
educate
young
people
sport
spirit
better
understanding
friendship
thereby
helping
build
better
peaceful
world
spread
olympic
principles
throughout
world
thereby
creating
international
goodwill
rule
see
also
rule
aims
ioc
congress
interests
promoting
usoc
activities
include
purposes
well
specifically
enumerated
usoc
charter
section
directly
advances
governmental
interests
supplying
usoc
means
raise
money
support
olympics
encourages
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activities
ensuring
receive
benefits
efforts
restrictions
broader
congress
reasonably
determined
necessary
interests
section
primarily
applies
uses
word
olympic
induce
sale
goods
services
although
lanham
act
protects
confusing
uses
congress
judgment
respecting
certain
word
limited
congress
reasonably
conclude
commercial
uses
olympic
words
symbols
likely
confusing
also
determine
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uses
even
confusing
nevertheless
may
harm
usoc
lessening
distinctiveness
thus
commercial
value
marks
see
schechter
rational
basis
trademark
protection
harv
rev
one
injury
trademark
owner
may
gradual
whittling
away
dispersion
identity
hold
upon
public
mind
mark
name
nonconfusing
uses
case
sfaa
sought
sell
buttons
bumper
stickers
items
emblazoned
title
gay
olympic
games
possibility
confusion
sponsorship
obvious
moreover
clear
sfaa
sought
exploit
commercial
magnetism
see
mishawaka
rubber
woolen
mfg
kresge
word
given
value
usoc
question
unauthorized
use
undercut
usoc
efforts
use
sell
right
use
word
future
since
much
word
value
comes
limited
use
adverse
effect
usoc
activities
directly
contrary
congress
interest
even
though
protection
may
exceed
traditional
rights
trademark
owner
certain
circumstances
application
act
commercial
speech
broader
necessary
protect
legitimate
congressional
interest
therefore
violate
first
amendment
section
also
extends
promotional
uses
word
olympic
even
promotion
induce
sale
goods
usoc
may
prohibit
purely
promotional
uses
word
promotion
relates
athletic
theatrical
event
usoc
created
value
word
using
connection
athletic
event
congress
reasonably
find
use
word
entities
promote
athletic
event
directly
impinge
usoc
legitimate
right
exclusive
use
sfaa
proposed
use
word
excellent
example
gay
olympic
games
take
place
period
held
different
locations
around
world
include
torch
relay
parade
uniformed
athletes
sexes
divided
city
olympic
anthem
olympic
committee
award
gold
silver
bronze
medals
advertised
logo
three
overlapping
rings
features
directly
parallel
olympics
olympic
games
occurred
ancient
greece
image
sfaa
sought
invoke
exactly
image
carefully
cultivated
usoc
sfaa
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news
service
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press
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private
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transform
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entity
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jackson
metropolitan
edison
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found
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emphasis
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indicate
see
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hat
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entity
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public
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acts
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action
kohn
supra
amateur
sports
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correct
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house
report
see
oldfield
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act
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held
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word
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government
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must
fail
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ninth
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footnotes
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ultimately
held
name
gay
games
app
total
men
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countries
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ibid
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olympic
committee
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act
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forth
provides
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consent
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purpose
trade
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goods
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symbol
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olympic
committee
consisting
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action
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purpose
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person
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used
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assignor
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use
purpose
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may
authorize
contributors
suppliers
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services
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trade
name
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symbol
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emblem
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olympic
committee
usoc
advertising
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services
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members
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argues
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competition
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criminal
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american
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like
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daughters
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boy
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girl
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little
league
baseball
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american
national
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ancient
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games
held
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games
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isthmian
games
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sporting
festivals
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importance
athletes
turned
amateurs
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professionals
training
year
receiving
substantial
gifts
money
individuals
home
cities
see
finley
pleket
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games
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years
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brit
ed
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presented
baron
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athletes
world
olympic
games
spirit
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friendship
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preached
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coubertin
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charter
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rings
alone
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symbol
ibid
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flame
formally
lit
olympia
auspices
ioc
olympic
motto
citius
altius
fortius
meaning
faster
higher
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aspirations
olympic
movement
ibid
motto
originated
international
conference
principles
amateurism
sports
organized
de
coubertin
held
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french
delegate
pere
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suggested
motto
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shortly
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coubertin
founded
ioc
adopted
motto
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games
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go
usoc
formally
organized
replacing
informally
organized
american
olympic
committee
usoc
received
first
corporate
charter
extent
regulates
confusing
uses
within
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trademark
bounds
government
constitutionally
may
regulate
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misleading
commercial
speech
virginia
pharmacy
bd
virginia
citizens
consumer
council
friedman
rogers
according
sfaa
president
gay
olympic
games
offered
three
important
opportunities
provide
healthy
recreational
alternative
suppressed
minority
educate
public
large
towards
reasonable
characterization
gay
men
women
attempt
athletics
bring
positive
gradual
assimilation
gay
men
women
well
gays
diminish
ageist
sexist
racist
divisiveness
existing
communities
regardless
sexual
orientation
app
one
found
prohibit
use
olympic
logo
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interlocking
rings
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torch
poster
expressing
opposition
planned
conversion
olympic
village
lake
placid
new
york
prison
found
use
symbols
fit
commercial
promotional
definition
uses
stop
olympic
prison
olympic
committee
supp
sdny
justice
brennan
finds
act
unconstitutionally
overbroad
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applies
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speech
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doctrine
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ohralik
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state
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citing
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basis
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believe
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interpreted
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speech
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act
sfaa
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within
constitutional
bounds
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act
may
read
apply
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speech
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significantly
compromise
recognized
first
amendment
protections
parties
city
council
los
angeles
taxpayers
vincent
accordingly
decline
apply
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doctrine
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restriction
nonmisleading
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speech
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interest
restriction
substantial
directly
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government
asserted
interest
extensive
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serve
interest
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gas
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public
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new
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test
test
time
place
manner
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require
balance
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interest
magnitude
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restriction
application
facts
substantially
similar
discussed
together
objects
purposes
usoc
establish
national
goals
amateur
athletic
activities
encourage
attainment
goals
coordinate
develop
amateur
athletic
activity
directly
relating
international
amateur
athletic
competition
foster
productive
working
relationships
among
organizations
exercise
exclusive
jurisdiction
either
directly
constituent
members
committees
matters
pertaining
participation
olympic
games
games
including
representation
games
organization
olympic
games
games
held
obtain
either
directly
delegation
appropriate
national
governing
body
competent
amateur
representation
possible
competition
event
olympic
games
games
promote
support
amateur
athletic
activities
involving
foreign
nations
promote
encourage
physical
fitness
public
participation
amateur
athletic
activities
assist
organizations
persons
concerned
sports
development
amateur
athletic
programs
amateur
athletes
provide
swift
resolution
conflicts
disputes
involving
amateur
athletes
national
governing
bodies
amateur
sports
organizations
protect
opportunity
amateur
athlete
coach
trainer
manager
administrator
official
participate
amateur
athletic
competition
foster
development
amateur
athletic
facilities
use
amateur
athletes
assist
making
existing
amateur
athletic
facilities
available
use
amateur
athletes
provide
coordinate
technical
information
physical
training
equipment
design
coaching
performance
analysis
encourage
support
research
development
dissemination
information
areas
sports
medicine
sports
safety
encourage
provide
assistance
amateur
athletic
activities
women
encourage
provide
assistance
amateur
athletic
programs
competition
handicapped
individuals
including
feasible
expansion
opportunities
meaningful
participation
handicapped
individuals
programs
athletic
competition
individuals
encourage
provide
assistance
amateur
athletes
racial
ethnic
minorities
purpose
eliciting
participation
minorities
amateur
athletic
activities
underrepresented
ancient
olympic
games
lasted
days
whereas
modern
olympics
last
days
ancient
games
always
took
place
olympia
southern
greece
modern
olympic
games
normally
move
city
city
every
four
years
effort
reduce
nationalism
cities
opposed
countries
host
modern
olympic
games
ancient
greece
may
burning
fire
religious
sacrifice
since
olympic
games
part
religious
festival
see
odes
pindar
olympia
ii
lattimore
ed
torch
relay
however
innovation
modern
olympic
committee
closest
parallel
modern
opening
parade
opening
ancient
games
chariot
race
chariots
entered
arena
passed
judges
herald
called
names
owner
father
city
see
finley
pleket
supra
general
parade
athletes
locality
modern
games
athletes
naked
uniformed
athletes
eligible
male
freeborn
greeks
indication
ancient
olympics
included
olympic
anthem
organized
entity
called
olympic
committee
awards
ancient
greece
wreaths
wild
olive
rather
gold
silver
bronze
medals
presented
modern
olympics
logo
overlapping
rings
created
international
olympic
committee
see
supra
see
generally
olympics
book
lists
beilenson
beilenson
eds
finley
pleket
supra
encyc
brit
ed
sfaa
claims
superior
right
use
word
olympic
nonprofit
corporation
athletic
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purpose
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scope
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property
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word
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analogous
context
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use
copyright
act
crux
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use
monetary
gain
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user
stands
profit
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protected
material
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paying
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price
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row
publishers
nation
enterprises
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theatrical
production
closely
related
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use
word
usoc
athletic
event
congress
reasonably
found
word
olympic
used
promote
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sfaa
invokes
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amendment
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amendment
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association
case
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federal
government
therefore
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amendment
apply
fifth
amendment
however
apply
federal
government
contains
equal
protection
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sharpe
approach
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amendment
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protection
claims
precisely
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protection
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fourteenth
amendment
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wiesenfeld
see
buckley
valeo
per
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petitioners
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claim
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action
need
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sfaa
discriminatory
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claim
note
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claim
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enforcement
far
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brought
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petition
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app
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usoc
successfully
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registration
mark
golden
age
olympics
usoc
also
litigated
numerous
suits
prior
bringing
action
prohibiting
use
olympic
words
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entities
national
amateur
sports
foundation
shoe
company
international
federation
body
builders
bus
company
since
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brought
number
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suits
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companies
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dimes
birth
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respondents
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word
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organizations
sponsor
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competitions
events
handicapped
persons
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olympics
youth
junior
olympics
explorer
olympics
app
uses
directly
relate
purpose
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established
charter
see
reprinted
supra
usoc
consented
uses
word
connection
athletic
competitions
events
app
usoc
necessarily
discretion
files
opposition
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applications
institutes
suits
record
us
strongly
indicates
usoc
acted
strictly
accord
charter
actionable
discrimination
usoc
listed
federally
created
private
corporations
american
legion
big
brothers
big
sisters
america
daughters
american
revolution
veterans
foreign
wars
national
academy
sciences
national
ski
patrol
system
hardly
need
said
federally
created
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corporations
viewed
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rather
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actors
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reaching
apart
subjecting
private
entities
suits
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due
process
clause
fifth
amendment
presumably
analogy
similar
types
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corporations
established
state
law
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actors
subject
suits
equal
protection
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amendment
example
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may
amend
constitution
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must
allow
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membership
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usoc
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report
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congress
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moscow
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act
july
stat
commission
recommended
current
usoc
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made
clear
want
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government
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amateur
athletics
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house
report
dissent
rely
fact
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chartered
congress
find
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post
justice
brennan
attempts
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ing
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send
national
representatives
participate
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competitions
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interest
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like
davis
cup
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america
cup
miss
universe
pageant
widely
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post
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presenting
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representatives
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charter
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according
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olympic
games
unique
stake
significant
national
interests
stem
pageantry
politics
post
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relies
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events
preceding
usoc
decision
send
athletes
summer
olympics
demonstrating
impact
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decisions
definition
pursuit
national
interest
post
governmental
influence
particular
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usoc
hardly
representative
view
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influence
vast
majority
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decisions
moreover
even
unique
sequence
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confirms
usoc
properly
considered
governmental
agency
although
president
congress
indicated
view
athletes
go
moscow
olympics
end
matter
president
thought
necessary
take
legal
actions
necessary
prevent
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sending
team
moscow
see
public
papers
presidents
jimmy
carter
previously
attorney
general
indicated
president
believed
power
emergency
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act
bar
travel
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considered
pose
threat
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emergency
see
washington
post
apr
president
statement
indicated
clear
recognition
neither
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control
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question
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decision
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athletes
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state
action
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indicate
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decided
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ballot
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believe
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intensity
type
presidential
administrative
political
pressure
amounts
sufficient
control
private
entity
invoke
federal
jurisdiction
defrantz
olympic
committee
supp
dc
aff
app
fact
olympic
charter
provides
usoc
must
autonomous
must
resist
pressures
kind
whatsoever
whether
political
religious
economic
nature
rule
reasons
indicated
reject
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argument
government
viewed
joint
participant
usoc
efforts
enforce
right
use
word
olympic
see
burton
wilmington
parking
authority
sfaa
failed
demonstrate
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government
exert
influence
exercise
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enforcement
decisions
absent
proof
type
close
nexus
government
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action
usoc
challenged
action
may
fairly
treated
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jackson
metropolitan
edison
petition
certiorari
petitioners
argued
usoc
state
actor
prohibited
selecting
among
diverse
potential
users
word
olympic
based
upon
invidiously
discriminatory
motives
pet
cert
sfaa
argues
shelley
kraemer
district
entry
injunction
prohibiting
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use
word
olympic
constitutes
governmental
action
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require
constitutional
inquiry
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motivation
seeking
injunction
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theory
governmental
action
fairly
encompassed
within
questions
presented
thus
properly
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rule
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blackmun
joins
concurring
part
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part
agree
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sports
act
stat
holding
statute
within
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bounds
ante
therefore
join
parts
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opinion
largely
reasons
explained
justice
brennan
part
dissenting
opinion
believe
olympic
committee
joint
participants
challenged
activity
subject
equal
protection
provisions
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amendment
accordingly
reverse
appeals
finding
government
action
remand
case
determination
petitioners
claim
discriminatory
enforcement
justice
brennan
justice
marshall
joins
dissenting
wholly
fails
appreciate
congressionally
created
interdependence
olympic
committee
usoc
significant
extent
amateur
sports
act
infringes
noncommercial
speech
find
action
usoc
challenged
government
action
substantially
overbroad
discriminates
basis
content
therefore
dissent
two
independent
reasons
action
challenged
constitutes
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action
first
usoc
performs
important
governmental
functions
therefore
considered
governmental
actor
second
exists
sufficiently
close
nexus
government
challenged
action
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action
latter
may
fairly
treated
government
jackson
metropolitan
edison
examination
powers
functions
bestowed
government
upon
usoc
makes
clear
usoc
must
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actor
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mere
fact
hat
private
entity
performs
function
serves
public
make
acts
governmental
nature
ante
quoting
kohn
emphasis
added
definition
might
cover
regulated
businesses
providing
arguably
essential
goods
services
sweep
broadly
jackson
supra
repeatedly
held
however
private
individuals
groups
endowed
state
powers
functions
governmental
nature
become
agencies
instrumentalities
state
subject
constitutional
limitations
evans
newton
emphasis
added
see
terry
adams
private
political
association
elections
constitute
state
action
marsh
alabama
privately
owned
company
town
state
actor
moreover
finding
government
action
particularly
appropriate
function
performed
traditionally
exclusive
prerogative
government
jackson
metropolitan
edison
supra
patently
congress
endowed
usoc
traditional
governmental
powers
enable
perform
governmental
function
usoc
performs
distinctive
traditional
governmental
function
represents
nation
world
community
usoc
virtue
country
exclusive
representative
international
olympic
committee
ioc
highly
visible
influential
international
body
overlooks
extraordinary
representational
responsibility
congress
placed
usoc
olympic
games
grown
international
visibility
importance
usoc
role
national
representative
taken
increasing
significance
although
olympic
ideals
avowedly
nonpolitical
olympic
participation
inescapably
nationalist
membership
ioc
structured
according
athletes
sports
nations
athletes
usoc
selects
viewed
group
individuals
coincidentally
team
athletes
represents
nation
house
debates
amateur
sports
act
representative
michel
expressed
well
american
athletes
go
olympic
games
products
way
life
believe
purpose
games
set
one
way
life
another
denied
spectators
moscow
world
certainly
thought
mind
events
take
place
good
nation
athletes
represent
us
cooperation
spirit
individuality
personal
freedom
great
virtues
system
allowed
exert
full
influence
games
cong
rec
private
organizations
sometimes
participate
international
conferences
resplendent
billowing
flags
olympic
games
unique
stake
significant
national
interests
stem
pageantry
politics
recent
experience
illustrates
inherent
interdependence
national
political
interests
decisions
usoc
state
union
address
january
forum
one
need
hardly
add
traditionally
reserved
matters
national
import
president
announced
opposition
american
participation
summer
olympic
games
moscow
opposition
premised
financial
straits
private
corporation
implications
participation
american
foreign
policy
echoing
president
concerns
house
representatives
passed
resolution
expressing
opposition
american
participation
speech
april
president
threatened
take
legal
actions
necessary
enforce
decision
send
team
moscow
shortly
thereafter
national
international
stakes
usoc
decision
set
forth
president
congress
reports
press
possible
cuts
federal
aid
usoc
usoc
announced
participate
olympic
games
although
lesson
learned
long
sequence
events
laid
bare
impact
interrelationship
usoc
decisions
definition
pursuit
national
interest
usoc
public
role
representation
current
usoc
born
governmental
dissatisfaction
performance
international
athletic
competition
dissatisfaction
led
congress
grant
usoc
unprecedented
administrative
authority
private
american
athletic
organizations
relating
international
competition
legislative
history
reveals
contrary
assumption
ante
actor
private
sector
ever
performed
function
indeed
never
perform
absent
enabling
legislation
president
ford
established
commission
olympic
sports
investigate
deteriorating
performance
america
athletes
olympic
games
recommend
solutions
commission
traced
problems
lack
central
coordination
recommend
ed
institution
central
sports
organization
final
report
enacting
amateur
sports
act
congress
gave
life
commission
primary
recommendation
usoc
restructured
assume
new
role
central
sports
organization
see
pp
greatly
expanded
charter
usoc
giving
perpetual
succession
power
serve
coordinating
body
amateur
athletic
activity
directly
relating
international
amateur
athletic
competition
also
granted
usoc
recognize
organization
national
governing
body
particular
sport
endowed
usoc
power
resolve
conflicts
disputes
arise
among
multitude
private
organizations
individuals
hold
sway
see
thus
amateur
sports
act
congress
granted
usoc
authority
ability
govern
national
amateur
athletics
related
international
competition
public
hearing
reporting
requirements
act
reflect
public
nature
usoc
mission
usoc
may
amend
constitution
unless
gives
interested
persons
prior
adoption
amendment
opportunity
submit
written
data
views
arguments
concerning
proposed
amendment
period
least
days
date
publication
notice
similarly
usoc
may
recognize
particular
amateur
sports
organization
national
governing
body
sport
without
first
holding
public
hearing
matter
act
institutionalizes
yet
another
public
check
usoc
requiring
annually
transmit
simultaneously
president
house
congress
detailed
report
operations
preceding
calendar
year
including
full
complete
statement
receipts
expenditures
comprehensive
description
activities
accomplishments
usoc
preceding
year
usoc
must
also
submit
annual
detailed
reports
president
congress
expenditures
funds
made
available
congress
provide
detailed
comprehensive
descriptions
programs
expects
finance
government
grant
money
coming
year
function
usoc
obviously
fundamentally
different
private
nursing
homes
blum
yaretsky
private
school
kohn
private
moose
lodge
moose
lodge
irvis
even
public
utility
jackson
metropolitan
edison
unlike
entities
merely
provided
public
services
usoc
endowed
federal
government
exclusive
power
serve
unique
national
administrative
adjudicative
representational
role
better
analogy
company
town
marsh
alabama
private
political
party
terry
adams
like
entities
usoc
private
organization
government
bestowed
inherently
public
powers
responsibilities
actions
like
subject
constitutional
limits
apart
argument
usoc
government
actor
second
reason
find
government
action
minimum
case
like
burton
wilmington
parking
authority
one
government
far
insinuated
position
interdependence
usoc
must
recognized
joint
participant
challenged
activity
action
issue
burton
refusal
private
restaurant
leased
space
public
parking
facility
serve
black
customer
central
analysis
later
cases
termed
symbiotic
relationship
restaurant
parking
facility
moose
lodge
supra
supra
relationship
provided
sufficiently
close
nexus
state
challenged
action
private
entity
action
latter
may
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treated
state
jackson
supra
usoc
federal
government
exist
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relationship
sufficient
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nexus
usoc
challenged
action
government
first
burton
relationship
confers
variety
mutual
benefits
discussed
supra
act
gave
usoc
authority
responsibilities
private
organization
country
ever
held
act
also
conferred
substantial
financial
resources
usoc
authorizing
seek
million
annually
grants
secretary
commerce
affording
unprecedented
power
control
use
word
olympic
related
emblems
raise
additional
funds
result
act
obtained
first
time
history
exclusive
effective
organization
coordinate
administer
amateur
athletics
related
international
competition
represent
program
abroad
second
eye
public
national
international
connection
decisions
government
olympic
committee
profound
president
served
honorary
president
usoc
national
flag
flies
literally
figuratively
central
product
usoc
olympic
team
connection
lost
athletes
imagine
olympic
hopeful
postponing
lucrative
professional
career
explanation
ca
pass
chance
represent
olympic
committee
fundamentally
representative
michael
observed
participation
games
display
great
virtues
system
cong
rec
even
importantly
close
financial
legislative
link
usoc
alleged
discriminatory
exercise
authority
financial
success
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government
certainly
irony
amounting
grave
injustice
finance
team
represent
virtues
political
system
usoc
free
employ
economic
leverage
prohibit
political
speech
burton
supra
yet
exactly
petitioners
allege
act
congress
granted
usoc
normal
trademark
unprecedented
right
exclusive
use
word
olympic
without
regard
whether
use
word
tends
cause
confusion
without
incorporat
ing
defenses
available
lanham
act
ante
see
part
infra
purpose
grant
unique
discretion
enhance
fundraising
ability
usoc
puts
well
section
directly
advances
governmental
interests
promoting
usoc
activities
supplying
usoc
means
raise
money
support
olympics
encourages
usoc
activities
ensuring
receive
benefits
efforts
ante
emphasis
added
close
examination
usoc
government
thus
reveals
unique
interdependence
two
although
one
time
amateur
sports
concern
merely
private
entities
olympic
games
event
significance
individuals
particular
interest
athletic
competition
era
passed
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sports
act
congress
placed
power
prestige
government
behind
single
central
sports
organization
congress
delegated
usoc
functions
government
actors
traditionally
perform
representation
nation
abroad
administration
private
organizations
particular
economic
sector
representation
function
particular
significance
view
organization
need
adhere
constitution
meaningfully
represent
nation
government
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course
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functions
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perform
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automatically
release
perform
government
functions
constitutional
obligations
usoc
performs
government
function
challenged
action
inextricably
intertwined
government
reverse
appeals
finding
government
action
remand
district
proceedings
ii
section
prohibits
person
using
word
olympic
ithout
consent
usoc
purpose
trade
induce
sale
goods
services
promote
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exhibition
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performance
competition
construes
section
give
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authority
use
word
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far
surpasses
provided
standard
trademark
ignores
serious
first
amendment
problems
created
interpretation
holds
regulates
primarily
commercial
speech
section
imposes
incidental
restrictions
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speech
necessary
substantial
governmental
interest
ante
disagree
statute
overbroad
face
susceptible
application
substantial
amount
noncommercial
speech
vests
usoc
unguided
discretion
approve
disapprove
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use
olympic
moreover
eliminating
even
noncommercial
uses
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word
unconstitutionally
infringes
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right
freedom
expression
act
also
restricts
speech
way
content
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justifications
infringements
first
amendment
rights
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statute
characterized
mere
regulation
manner
speech
serve
government
purpose
effectively
protected
giving
usoc
standard
commercial
trademark
therefore
construed
withstand
first
amendment
challenge
presented
petitioners
usoc
held
trademark
word
olympic
since
ante
amateur
sports
act
perpetuates
usoc
protection
infringement
trademarks
statutory
surplusage
must
provide
something
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trademark
thus
finds
grants
usoc
novel
expansive
authority
view
act
interpreted
substantially
overbroad
violating
first
amendment
prohibits
substantial
amount
constitutionally
protected
conduct
hoffman
estates
flipside
hoffman
estates
amateur
sports
act
substantially
overbroad
two
respects
first
grants
usoc
remedies
commercial
trademark
regulate
use
word
olympic
refuses
interpret
act
incorporate
defenses
trademark
infringement
provided
lanham
act
defenses
essential
safeguards
prevent
trademark
power
infringing
upon
constitutionally
protected
speech
second
construes
grant
usoc
unconstitutional
authority
prohibit
use
olympic
promotion
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athletic
events
even
promotional
activities
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ante
first
part
prohibits
use
word
olympic
purpose
trade
induce
sale
goods
services
important
difference
authority
granted
portion
lanham
act
trademark
former
primarily
affects
noncommercial
speech
latter
charitable
solicitation
political
advocacy
organizations
sfaa
may
part
consist
commercial
speech
regulated
trademark
law
expressive
element
speech
sheltered
unconstitutional
harm
lanham
act
defenses
without
amateur
sports
act
prohibits
substantial
amount
noncommercial
speech
trademark
protection
carefully
confined
realm
commercial
speech
two
important
limitations
lanham
act
first
danger
substantial
regulation
noncommercial
speech
diminished
denying
enforcement
trademark
uses
words
likely
cause
confusion
cause
mistake
deceive
see
confusion
occurs
consumers
make
incorrect
mental
association
involved
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products
producers
see
vandenburgh
trademark
law
procedure
ed
contrast
regulates
even
nonconfusing
uses
olympic
example
may
sfaa
use
word
olympic
draw
attention
certain
similarities
gay
olympic
games
olympic
games
use
might
nevertheless
confuse
consumers
incorporate
requirement
defendant
use
word
confusing
consumers
regulates
extraordinary
range
noncommercial
speech
defense
also
prevents
award
trademark
regulating
substantial
amount
noncommercial
speech
see
lanham
act
allows
use
name
term
device
descriptive
used
fairly
good
faith
describe
users
goods
services
party
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wide
array
noncommercial
speech
may
characterized
merely
descriptive
goods
services
party
thus
intended
propose
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transaction
example
sfaa
description
community
services
appears
regulated
although
main
purpose
speech
may
educate
public
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political
views
sfaa
congress
failure
incorporate
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defense
confers
unprecedented
right
usoc
see
park
fly
dollar
park
fly
noting
doctrine
assists
preventing
unprecedented
creation
exclusive
right
use
language
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sum
usoc
trademark
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allows
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regulate
use
word
strictly
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context
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authority
regulate
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uses
word
olympic
grants
usoc
discretion
prohibit
substantial
amount
noncommercial
speech
section
therefore
substantially
overbroad
see
secretary
state
md
joseph
munson
schaumburg
citizens
better
environment
key
lanham
act
requirement
limits
impact
trademarks
noncommercial
speech
rule
trademark
violation
occurs
offending
trademark
applied
commercial
goods
services
see
amateur
sports
act
similarly
qualified
section
allows
usoc
prohibit
use
olympic
promotion
theatrical
athletic
events
even
uses
go
beyond
strictly
business
context
ante
see
also
ante
statute
extends
promotional
uses
even
promotion
induce
sale
goods
provision
necessarily
regulates
noncommercial
speech
since
every
possible
commercial
use
word
olympic
regulated
preceding
sections
statute
usoc
unquestioned
authority
enforce
olympic
trademark
sfaa
gives
additional
authority
regulate
substantial
amount
noncommercial
speech
serves
promote
social
political
ideas
sfaa
sponsors
number
theatrical
athletic
events
including
concerts
film
screenings
plays
public
events
aimed
educating
public
society
alleged
discrimination
based
sexual
orientation
age
sex
nationality
app
conjunction
events
sfaa
distributes
literature
describing
meaning
gay
olympic
games
references
olympic
literature
deleted
response
injunction
application
promotion
athletic
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events
thus
contrary
belief
may
prohibit
substantial
amount
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speech
therefore
unconstitutionally
overbroad
schaumburg
citizens
better
environment
supra
overbreadth
particularly
significant
light
unfettered
discretion
act
affords
usoc
prohibit
entities
using
word
olympic
given
large
number
users
broad
discretion
creates
potential
significant
suppression
protected
speech
law
subjecting
exercise
first
amendment
freedoms
prior
restraint
license
without
narrow
objective
definite
standards
guide
licensing
authority
unconstitutional
shuttlesworth
birmingham
see
also
niemtko
niemotko
maryland
proof
abuse
power
particular
case
never
deemed
requisite
attack
constitutionality
statute
purporting
license
dissemination
ideas
thornhill
alabama
broad
discretion
potential
abuse
also
renders
unconstitutionally
overbroad
face
concedes
uses
olympic
prohibited
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involve
expressive
speech
ante
contends
prohibiting
use
one
word
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purposes
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congress
usoc
prohibited
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conveying
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restricts
manner
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may
convey
message
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emphasis
added
section
regarded
mere
time
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preventing
use
word
olympic
statute
violates
first
amendment
prohibiting
dissemination
message
adequate
translation
cohen
california
rejected
notion
advanced
today
considering
censorship
single
expletive
indulge
facile
assumption
one
forbid
particular
words
without
also
running
substantial
risk
suppressing
ideas
process
indeed
governments
might
soon
seize
upon
censorship
particular
words
convenient
guise
banning
expression
unpopular
views
able
discern
little
social
benefit
might
result
running
risk
opening
door
grave
results
amateur
sports
act
also
violates
first
amendment
restricts
speech
way
content
neutral
wide
variety
groups
apparently
wish
express
particular
sociopolitical
messages
use
word
olympic
amateur
sports
act
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house
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medalists
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games
handbook
international
political
impact
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owens
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perceived
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nazism
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conceived
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coordinator
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sports
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membership
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needs
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commission
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report
concluded
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enlarge
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distinguish
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created
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corporations
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legion
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brothers
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sisters
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daughters
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revolution
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foreign
wars
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presumed
status
private
actors
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finding
government
action
fails
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wilmington
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authority
case
petitioner
heavily
relies
decisions
principally
relied
today
thought
important
discuss
distinguish
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see
moose
lodge
irvis
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metropolitan
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kohn
blum
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observed
burton
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authority
restaurant
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red
incidental
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services
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building
well
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leasehold
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agency
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also
found
significant
evidence
link
two
actors
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eye
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fact
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proceeds
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cause
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deceive
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suggest
connection
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subject
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action
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remedies
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act
july
stat
popularly
known
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act
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et
seq
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added
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purpose
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action
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manufacturer
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distinguish
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explain
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scope
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including
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act
trademark
law
trademark
policies
philosophies
country
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takes
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litigation
section
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sports
act
imposes
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liability
upon
person
uses
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olympic
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consent
promote
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friedman
rogers
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extend
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form
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speech
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case
considered
permitted
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protection
ban
substantial
amount
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speech
see
park
fly
dollar
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fly
lanham
act
provisions
prevent
commercial
monopolization
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domain
sfaa
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political
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charitable
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first
amendment
see
schaumburg
citizens
better
environment
charitable
solicitation
organization
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political
advocacy
involve
variety
speech
interests
communication
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propagation
views
ideas
advocacy
causes
within
protection
first
amendment
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nonprofit
educational
organization
whose
purpose
inform
general
public
gay
movement
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communities
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usoc
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explained
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use
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gilson
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lanham
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mccarthy
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one
commentator
described
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amendment
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act
defense
respect
regulation
commercial
speech
virginia
pharmacy
underlying
policies
favor
free
commercial
speech
closely
parallel
apply
branch
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dealing
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phrases
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policies
followed
half
century
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applying
rule
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availability
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open
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gilson
supra
pp
footnotes
omitted
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central
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concluding
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telephone
directories
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boyd
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citizens
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filed
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act
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evidence
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dissenting
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also
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