Daniel Nazer, Electronic Frontier Foundation (EFF);
EFF to Supreme Court: Trademarks are Not Government Speech:
"Today, together with the Thomas Jefferson Center for the Protection of Freedom of Expression, EFF submitted an amicus brief in Lee v. Tam. Our brief discusses an unusual but important question: are registered trademarks government expression? It is important to get the dividing line between government and private speech correct. This is because, while the government doesn’t get to control what you say, it does get to control what it says. As we argue in our brief, categorizing registered trademarks as government expression would threaten speech in many other areas.
The case involves a rock band from California called The Slants."
