The American Civil Liberties Union of Utah and the free speech nonprofit Electronic Frontier Foundation have submitted blistering rebukes of The Church of Jesus Christ of Latter-day Saints in amicus briefs that urge the court to toss out the faith’s federal lawsuit against the popular podcast “Mormon Stories.”

In April, the church sued host John Dehlin and the organization that houses the show, arguing the platform’s use of the term “Mormon” and church-trademarked imagery was a purposeful ruse meant to mislead listeners into thinking the podcast is a product of the global faith.

Dehlin, excommunicated in 2015 for “apostasy,” has hosted the show for more than 20 years.

His side responded in June by accusing the church of weaponizing trademark and copyright laws to silence the podcast, known for its criticism of the Utah-based faith.

That argument now has the backing of the ACLU and the EFF, which, along with Dehlin, center their arguments on the question of who legally has a right to the “Mormon” name and when.

What the church argues

Writing in their initial complaint, attorneys for the church’s intellectual property arm, Intellectual Reserve Inc., argue the case is simple.

The church owns the trademark “Mormon,” they maintain, noting that countless people around the world associate the term with the church. By using it, they assert, Dehlin is piggybacking off of the faith’s brand to build his own. The complaint cites examples of online comments expressing confusion over the show’s relationship to the church — exactly the kind of puzzlement trademark law, the document contends, is designed to prevent.

But attorneys for the ACLU and EFF counter that it’s not nearly that straightforward.

What the new filings say

“Mormon is a term,” the ACLU brief reads, “that describes an entire ethnoreligious culture, tradition and people, many of whom are not members of The Church of Jesus Christ of Latter-day Saints.”

Besides, the document continues, laws passed as early as the 1940s make room for the use of trademarked words in the case of parody and other expressive formats.

“Trademark law,” it reads, “does not override the public right to mention, criticize or discuss.”

The EFF brief underscores this point.

“Trademark law has never given a mark owner veto power over all uses of its mark,” it contends, “particularly where use of the mark is necessary to discuss a topic of significant public interest.”

Moreover, the group filing states, for a trademark to remain in effect, an institution must demonstrate that it continues to employ the term, visual or sound. And as EFF attorney Cara Gagliano noted this week in The Salt Lake Tribune’s “Mormon Land” podcast, church leaders have spent much effort and money in recent years to distance the faith from the M-word.

A church spokesperson did not provide a statement in response to the briefs’ arguments.

A previously released explanation by the church, however, denies that the critical nature of the show is a motivating factor.

“This case does not concern the content of the podcast,” the church’s site reads. “It concerns preventing confusion about source and affiliation.”

The cost of fighting back

Gagliano emphasized that the church doesn’t necessarily have to display a better argument to come out victorious. As an institution with billions of dollars in its reserves and a phalanx of lawyers at its disposal, it may need only to ensure a lengthy and costly battle. This is why, she said, her organization is calling on the court to dismiss the case — now.

“Even allowing this case to proceed to discovery would burden defendants’ expression,” the group’s filing reads, “and chill others from speaking about a powerful cultural institution.”

Church attorneys have until Aug. 28 to respond to Dehlin’s counterclaims and his motion for the lawsuit to be tossed.