Does a disparagement clause violate the First Amendment?

Celebrities have contracts like these all the time with the people who work for them, the employees have to sign non-disclosure agreements which would otherwise violate their free speech, but it is allowed since people can contractually release their First Amendment rights. The other type of disparagement clause is one implemented by the government. read more

The Supreme Court first determined that the disparagement clause applies to trademarks that disparage the members of a racial or ethnic group, which meant that it was indeed necessary to determine whether the clause violates the Free Speech Clause of the First Amendment. read more

Tam that Section 2(a) of the Lanham (Trademark) Act—commonly known as the “disparagement clause”—violates the First Amendment. Detailed discussion: On June 19, 2017, the Supreme Court held in Matal v. Tam that Section 2(a) of the Lanham (Trademark) Act violates the First Amendment. read more