Professor Helfman Writes on Lee v. Tam

Posted on Tuesday 10/11/2016
Tara Helfman

Associate Professor of Law Tara Helfman has written about Lee v. Tam, which the United States Supreme Court recently agreed to hear.

In the article, Helfman discusses the issue of ‘the constitutionality of a federal law prohibiting the registration of trademarks that “may disparage… persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.”

Helfman notes that the outcome of Lee v. Tam may have an impact on the ongoing Washington Redskins trademark case, concluding, “The Redskins franchise should not be alone in watching Lee v. Tam closely–there is a lot more on the line in the case than a trademark. At issue is whether a government agency has the power to subordinate individual liberties to personal sensitivities. Constitutional rights to free speech and private property cannot be conditioned on the approval of de facto moral censors.”