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First Amendment

Cornell University Law School

Journal

2018

Matal v. Tam

Articles 1 - 1 of 1

Full-Text Articles in Law

Don't Take Me Out To That Ballpark: State Action, Government Speech, And Chief Wahoo After Matal, Robert H. Hendricks Sep 2018

Don't Take Me Out To That Ballpark: State Action, Government Speech, And Chief Wahoo After Matal, Robert H. Hendricks

Cornell Law Review

Close your eyes and imagine yourself driving to a concert. On the way, you pass a car bearing a license plate with the image of a Confederate flag. You pause, and ask . . . Did the state approve that license plate? Does the state endorse the use of the Confederate flag? You keep driving. Eventually you reach the concert and walk in. To your surprise, an Asian- American band named “The Slants” is opening. You pause, and ask . . . I thought the government approves trademarks? Does the Patent and Trademark Office endorse derogatory slurs? These questions strike …