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Federal Circuit's Opinion In In re Tam

Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.

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Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals’ and groups’ rights to express themselves. Whether permitting protests at soldiers’ funerals (see, Snyder v. Phelps, 562 U.S. 443 (2011)), or depictions of animal cruelty (see, U.S. v. Stevens, 559 U.S. 460 (2010)), the Court has of late consistently erred on the side of protecting speech.

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