June 18, 2014 -- Professor Volokh commented on the loss of trademark protection for the Washington Redskins in an interview on NPR's "Marketplace" and in a Chicago Tribune column.
UCLA law professor Eugene Volokh agrees: "Trademark registration, I think, is a government benefit program open to a wide array of speakers with little quality judgment. Like other such programs (such as broadly available funding programs, tax exemptions, or access to government property), it should be seen as a form of 'limited public forum,' in which the government may impose content-based limits but not viewpoint-based ones. An exclusion of marks that disparage groups while allowing marks that praise those groups strikes me as viewpoint discrimination."
Read the entire Chicago Tribune column.
Listen to the NPR interview.