In September, 2008, the Appalachian State University (“ASU”) administration informed student groups of its new policy regarding the licensing of university-owned trademarks. Although the specific terms of the policy are unclear, the policy appears to prohibit any non-pre-approved use, whether commercial or non-commercial, of any term related to ASU. ASU does own several federally registered and state-registered trademarks, but the policy appears to extend to any term that “refers to” ASU, not just those in which it has a legally-recognized trademark interest. The ACLU Student Chapter of ASU disputed the university’s licensing policy as vague and overreaching after ASU required pre-approval for several different t-shirts. The ACLU student chapter cited potential implications of students’ First Amendment right to free speech. ASU’s administration declined to modify the policy, stating that the university had a right (and indeed a legal obligation) to police all uses of its trademarks, regardless of the purpose or character of the use. Of those marks that ASU is entitled to protect, its licensing scheme appears to lack both clear criteria for approving or denying applications and a speedy approval or denial process, likely rendering it an unconstitutional prior restraint under the First Amendment. On May 28, 2009, we sent a letter to ASU’s attorney, asking ASU to modify its trademark policy to conform with the law. On June 19, 2009, we received correspondence from ASU’s counsel, informing us that ASU agreed to revise its policy to protect the First Amendment rights of students. We continue to monitor this situation to ensure that the policy is being applied in a constitutional manner.