Dogfight: Why US brands are taking on the First Amendment

07-09-2023

Muireann Bolger

Dogfight: Why US brands are taking on the First Amendment

zimmytws / Shutterstock.com

The Bad Spaniels case pitted the might of America Inc against a core principle of the US Constitution. Now that the country’s highest court has weighed in, what does this mean for brands?

“I do not agree with what you have to say, but I'll defend to the death your right to say it.”

Chances are that you have heard this catchy, stirring, and, in many cases, publicity-friendly motto before.

Often, if controversially, attributed to the philosopher Voltaire, the phrase has become something of a rallying cry for the right to freedom of speech and expression.


First Amendment, brands, Bad Spaniels, trademark owners, Supreme Court, free speech, Jack Daniel's, US Court of Appeals for the Ninth Circuit, infringement

WIPR