Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Cardtoons v. Major League Baseball Players Assn, 95 F.3d 959 (10. th. Cir. 1996) MLBPA also maintains that the parody trading cards are commercial merchandise rather than protected speech. However, we see no principled distinction between speech and merchandise that informs our First Amendment analysis. The fact that expressive materials are sold neither renders the speech unprotected, Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 761 (1976), nor alters the level of protection under the First Amendment, Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750, 756 n.5 (1988). Cardtoons need not give away its trading cards in order to bring them within the ambit of the First Amendment. See Lakewood, 486 U.S. at 756 n.5.