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Prof. Farley and Prof. Carroll to moderate IP at the Supreme Court Series
September 18, 2023
Professor Christine Haight Farley and Professor Michael Carroll will moderate the IP at the Supreme Court Series to discuss O’Connor-Ratcliff v. Garnier, Lindke v. Freed, and Vidal v. Elster. American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court.
O’Connor-Ratcliff v. Garnier, Lindke v. Freed - October 31
Issue in O’Connor-Ratcliff v. Garnier: Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social-media account when the official uses the account to feature their job and communicate about job-related matters with the public but does not do so pursuant to any governmental authority or duty.
Issue in Lindke v. Freed: Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.
Vidal v. Ester – November 1
Issue: Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.