U.S. Supreme Court Will Hear Case On the Connection Between Political Speech and Trademark Law on November 1

The U.S. Supreme Court will hear Vidal v Elster, 22-704, on November 1, Wednesday. The issue is the federal trademark law, the Lanham Act, and whether an individual should be permitted to trademark the political slogan “Trump Too Small” for use on T-shirts he sells. The Lanham Act does not permit trademarks that mention a living person without his or her permission. But the Federal Circuit had struck down that law on First Amendment grounds.

Public Citizen has filed this amicus curiae brief, which argues that the Supreme Court should rule that trademark law cannot be used to trademark political slogans. If a trademark is granted for political slogans, that restricts the ability of non-trademark holders to voice such political slogans.

If the Court writes an opinion on that point, there might be an impact on the Libertarian National Committee’s attempts to use trademark law to adjudicate intra-party disputes.

The upcoming U.S. Supreme Court opinion might also influence the outcome of Mazo v Way, the New Jersey lawsuit against the state law restricting ballot slogans on primary ballots. The New Jersey law does not allow a slogan that mentions a living individual with that individual’s permission.

Libertarian Party of Maine Voter Registration Drive Reports Great Progress

On a Libertarian National Committee Executive Committee Zoom meeting on Wednesday, September 6, 2023, Libertarian Party of Maine Chair Harrison Kemp reported that the LPME now has about 2,500 registered voters, with another 1,500 voter registration cards about to be turned in to the state for validation. Projecting about an 80% validity rate on those new voter registrations, the LPME would have about 3,700 registered voters, or about 1,300 short of the 5,000 needed to be a recognized political party in Maine.

If the 5,000 figure is achieved, the LPME would become a recognized political party in Maine, which would entitle the LPME to place the Libertarian Party’s 2024 presidential ticket on the ballot in Maine, and make possible for down ticket candidates to get on the ballot with fewer signatures than if the LPME were not a recognized party in Maine.

The LNC’s Executive Committee voted to encumber $7,500 for this voter registration drive, which the LPME Chair thinks will be completed by November 2023.

U.S. District Court Declines to Allow Mayor of Warren, Michigan, to Run for Another Term

On September 5, a U.S. District Court declined to force the city of Warren, Michigan, to let its Mayor, James Fouts, run for another term. Fouts v Warren City Council, e.d., 2:23dv-11868. Here is the opinion.

The city’s term limits law for Mayor was changed twice in the past. It went from allowing three terms, to allowing five terms, and then back to allowing only three terms. Fouts has already served four terms. After the Michigan state courts interpreted the term limits law to apply to this year’s election, Fouts filed a federal case, alleging that the restriction violates the U.S. Constitution, because the change could be said to have applied retroactively to him. The U.S. District Court agrees that Fouts has a right to go to federal court, because the issues in his federal case are different than the issues in his state case. But he said the U.S. Constitution does not protect Fouts from the term limits law, despite the apparent retroactive application to him. Thanks to Thomas Jones for this news.

As to the argument that Fouts filed his federal case too late, the court said there is no need to discuss that issue, given its analysis of the main issue. The federal lawsuit was filed only a few days before the August 8 primary.

Leaders of the West Virginia Americans Coming Together Party Join the Constitution Party

Americans Coming Together was a party organized only in West Virginia, 2022-to the present. The party’s leader had been S. Marshall Wilson, a former two-term West Virginia legislator. Wilson has joined the Constitution Party and will be its nominee for Governor in 2024. In 2022, as an ACT nominee, he polled 39.7% of the vote for Delegate, 27th district. That was the highest percentage obtained by any minor party nominee for West Virginia legislature since before World War II. Also, in 2020, Wilson was a write-in candidate for Governor, and he polled 1.93%. Thanks to Jeff Becker for this news.