Imagine if McDonald’s could use trademark law to control how you use the term “fast food.” Or if the Canadian government could stop you from using the word “Canada” in the title of a book about the country and its people. That wouldn’t just be absurd; it would be an unacceptable obstacle to criticism of and commentary about those institutions. Yet the Church of Jesus Christ of Latter-day Saints (the “LDS Church”) has a track record of claiming exactly that kind of authority over the word “Mormon,” using the threat of expensive litigation to pressure speakers into compliance. We at…

The record reflects that, at the conclusion of the September 11 meeting, HGTC accepted Lemoine’s explanation of the Snapchat comment. The September 20 conduct decision later recounted that Lemoine had been told there was then no evidence to find her in violation of the Student Code and that the College had accepted her explanation for the Snapchat comment. Plaintiff further contends that Sawyer communicated internally that there had been “no direct threat to others,” and that Batten and Sawyer reached the same conclusion after speaking with students. Defendants contend the matter remained under review and that HGTC was required to…

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