I'm not sure how an image of "uncle sam" can be descriptive. What does it describe?
In any event, I would take Heller's argument with a giant grain of salt. He is not an attorney, and his legal conclusions are, well, gobbledygook. For instance, what the heck does "no single government agency or political entity actually owns the trademark registration rights to this valuable American 'intellectual property'" mean? Does he mean the mark isn't registered? Assuming that's true, it doesn't mean that no one owns the trademark rights.
Also, what the heck is "an unwritten law" that "guarantees free and easy access to democracy's symbolic trappings"? That's a bunch of nonsense.
Finally, his notion of "licensing", at least in the trademark context, is sophomoric. One does not simply "license" a trademark. The licensor must exercise proper QC or risk losing its trademark rights to a naked license. As for copyright licenses, governmental works are in the public domain by statute (17 U.S.C. ? 105
), and copyrights in the work would have lapsed by now in any event.