An amicus brief has been filed in the Libertarian National Committee v. Michael Saliba, et al. You can read it at:
https://www.courtlistener.com/docket/67845274/28/libertarian-natl-comm-inc-v-michael-saliba/
It proposes that the extension of the Lanham Act to non-commercial speech must satisfy strict scrutiny. Also, ‘the Lanham act is not well suited to resolve political disputes.’ It does not say which way the court should rule, but its arguments appear to favor Saliba, et al., not the LNC.
The people submitting it are:
- Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU
Law - Stacey Dogan, Professor of Law, Boston University School of Law
- Dave Fagundes, Baker Botts LLP Professor of Law, University of Houston Law
Center - Mark Lemley, William H. Neukom Professor, Stanford Law School
- Yvette Joy Liebesman, Professor of Law, Saint Louis University School of Law
- Jessica Silbey, Professor of Law, Boston University School of Law
- Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law
School
The LNC Executive Committee is appointing a Litigation Committee to act with power in dealing with the Massachusetts suit. The motion reads: “That the Executive Committee appoint an empowered Litigation Committee to handle the current Michigan litigation pursuant to the Policy Manual comprising Angela McArdle, Meredith Hayes, and Caryn Ann Harlos.”