Simon Tam filed to register the trademark "THE SLANTS" but was rejected by the US Patent and Trademark Office under Section 2(a) which prohibits disparaging marks. The Federal Circuit took the case en banc and held Section 2(a) unconstitutional as a violation of free speech rights. The court found the provision was not viewpoint or content neutral, regulated expression rather than commercial speech, and significantly chilled protected expression. This ruling calls into question the pending Redskins trademark case and suggests Section 2(a) restrictions are an unconstitutional limitation on free speech.