CONSTITUTIONS SERVE TWO general functions. First, they set up the structure of government, allocating power among its various branches and subdivisions. Second, they prevent government from taking certain actions$$especially actions that restrict individual or$,$ as suggested by the Coors scenario that opened this chapter, corporate rights. This chapter examines the U$.$S$.$ Constitution$$s performance of these functions and considers how that performance affects government regulation of business.

After reading the chapter and reviewing the power point. Develop a discussion which includes the following: Issue, Rule, Analysis, and Conclusion: $($IRAC Method$)$ from the following case.

Matal Vs$.$ Tam

Simon Tam is the lead singer of a musical group known as $$The Slants.$$ Members of the band are Asian Americans. Although $$Slants$$ has been used as a derogatory term for persons of Asian descent, Tam and the other band members believe that by taking the term as the name of their group, they will help to $$reclaim$$ the term and drain its denigrating force.

Tam sought to have THE SLANTS registered as a trademark on the federal Principal Register. An examining attorney at the U$.$S$.$ Patent and Trademark Office $($PTO$)$ denied Tam$$s application, invoking a Lanham Act provision $($referred to here as the disparagement clause$).$ That provision bars the registration of trademarks that may $$disparage $...$ or bring $...$ into contemp$[$t$]$ or disrepute$$ any $$persons$,$ living or dead.$$ In the examining attorney$$s judgment, THE SLANTS was disparaging with regard to persons of Asian descent. Are first amendment rights being violated?