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In re Elster

26 F.4th 1328 (Fed. Cir. 2022)
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In re Elster

4 Citing cases

  1. Vidal v. Elster

    144 S. Ct. 1507 (2024)   Cited 20 times
    In Vidal itself the Court upheld a content-based but viewpoint-neutral trademark restriction even though it had twice held that "trademark restrictions that discriminate based on viewpoint violate the First Amendment."

    The Federal Circuit reversed, holding that the names clause violated the First Amendment. In re Elster, 26 F.4th 1328 (CA Fed. 2022).

  2. In re Go & Assocs.

    90 F.4th 1354 (Fed. Cir. 2024)   Cited 1 times

    Contesting this conclusion, GO asserts that "[p]er se refusals based on the Informational Matter Doctrine are unconstitutional" because they "involve[ ] content-based discrimination that is not justified by either a compelling or substantial government interest." GO Br. at 8-9 (quoting In re Elster, 26 F.4th 1328, 1331 (Fed. Cir. 2022), cert. granted sub nom. Vidal v. Elster, — U.S. —, 143 S. Ct. 2579, 216 L.Ed.2d 1192 (2023)). This argument is meritless.

  3. In re Go & Assocs.

    No. 2022-1961 (Fed. Cir. Nov. 13, 2023)   1 Legal Analyses

    Contesting this conclusion, GO asserts that "[p]er se refusals based on the Informational Matter Doctrine are unconstitutional" because they "involve[] content-based discrimination that is not justified by either a compelling or substantial government interest." GO Br. at 8-9 (quoting In re Elster, 26 F.4th 1328, 1331 (Fed. Cir. 2022), cert. granted sub nom. Vidal v. Elster, 143 S.Ct. 2579 (2023)). This argument is meritless.

  4. United States v. Muniz-Espinoza

    P:24-CR-00236-DC (W.D. Tex. Dec. 16, 2024)

    . In re Elster, 26 F.4th 1328, 1331 (Fed. Cir. 2022).