The free expression defense is a legal principle that protects the rights of individuals to express their thoughts, ideas, and opinions without interference or restraint, particularly in the context of artistic and creative works. This defense often comes into play during cases involving parody, satire, and other forms of commentary, where the need to balance free speech rights against potential trademark infringement claims is crucial. By prioritizing free expression, this defense helps ensure that cultural and artistic dialogue can thrive without the chilling effect of legal repercussions.
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