that criticizes Trump’s political agenda, saying on the back of the shirt that “Trump’s package is too small” on a variety of political issues like the environment, civil rights and “affordable health care for all.”Sen. Marco Rubio made during a presidential debate in 2016 in which he joked about the size of Trump’s hands and added, “And you know what they say about guys with small hands.
Elster argued that rejecting the trademark violated his First Amendment rights to free speech because it was criticizing a public official, and an appeals court agreed, finding the government’s rejection unconstitutional. The Supreme Court did not comment on its decision to take up the case, which asks the court to rule on whether the refusal to register trademarks involving living people or government officials violates the First Amendment “when the mark contains criticism of a government official or public figure.”
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