The Supreme Court is set to hear a case revolving around the phrase ‘Trump too small,’ a trademark attempt aimed at criticizing former President Donald Trump.
The initial application was declined due to a provision preventing registered trademarks that name a living individual without their consent. However, a federal appeals court later overturned this decision, ruling that the provision violated Elster’s free speech rights, especially considering his intention to critique a government official.
The phrase ‘Trump too small’ refers to a personal dispute between Trump and Sen. Marco Rubio (R-FL) in 2016. Rubio criticized Trump’s hand size, implying a lack of trustworthiness.
"He's always calling me ‘Little Marco.' … Have you seen his hands? They're like this," Rubio said at a campaign rally.
"And you know what they say about men with small hands — you can't trust them."
"He referred to my hands, ‘If they are small, something else must be small.' I guarantee you there is no problem. I guarantee," Trump later responded to Rubio’s comments during primary debate days.
The Justice Department is expected to argue that the existing restriction is viewpoint-neutral and only needs to pass a lower test. Conversely, Elster argues that the provision imposes unacceptable content-based and speaker-based regulations on speech.
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