NewsCenterMaine Features Peter Brann on Maine School Assistance Case in U.S. Supreme Court

Partner Peter Brann was featured in a news piece on WCSH-TV in Portland, “SCOTUS hears arguments in Maine tuition assistance program case.” On December 8, 2021, the Supreme Court heard oral argument in a case challenging a Maine rule that authorizes tuition assistance to Mainers in cities or towns without public schools to attend any...

School District Prevails In Major First Amendment Jury Trial

On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary judgment...

Supreme Court To Review Statute Against Disparaging Trademarks

Federal trademark law, specifically, 15 U.S.C. § 1052(a),  provides that the Patent and Trademark Office can refuse to register a trademark that disparages persons, institutions, beliefs, or national symbols. Last December, the entire Federal Circuit Court of Appeals held this disparagement provision to be an unconstitutional violation of the First Amendment, as we discussed at the...

Where More Often May Be Heard A Disparaging Word

Just on the eve of its two–day holiday closure, the Federal Circuit has issued a notable en banc opinion holding that the provision of law that prohibits the registration of “disparaging” trademarks is unconstitutional because it violates the First Amendment’s prohibition on restraints on free speech. A nine–judge majority of the court reached the conclusion...