Matal V. Tam: Protection Of Civil Liberties Essay Example

Introduction

The role of the Supreme Court in resolving cases of the violation of civil liberties is significant. Being the highest court in the federal judiciary of the United States, it has the authority to review the cases ruled by the lower courts. Besides, the Supreme Court can re-examine statutes if they seem to include the statements that violate the Constitution and the Bill of Rights. In this essay, it will be demonstrated that the power granted to the Supreme Court by the Constitution provides it with the right to resolve the case of violating the Bill of Rights by the Lanham Act. As a result, it enables modifying the Act and extracting its portions, contradictory to the right to freedom of speech, mentioned in the First Amendment.

Description of the Case

Simon Tam, a punk-rock musician, founded a band, all the members of which were Asian Americans. He decided to name it “The Slants,” seeking to register the name; however, the registration was denied. After determining the ethnicity of the band’s members, the examiner of the United States Patent and Trademark Office concluded that this name would appear disparaging to Asian Americans. As he argued, the name violates Section 2(a) of the Lanham Act, the principal federal trademark statute. The mentioned section of the Act states: “No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it … consists of … matter which may disparage … or disrepute” (U. S. Trademark Law, 2013, p. 9). An amicus brief was filed, presenting the argument that paragraph 2 of the Lanham Act violates the First Amendment of the Bill of Rights, which states: “Congress shall make no law … abridging the freedom of speech” (“The United States Bill of Rights,” 2015, amend. I). After the final decision of the Supreme Court, the portions of the Lanham Act were repealed. The reason for it was the resolution that the band’s right to freedom of speech, protected by the First Amendment, was violated by the government by its denial to register the band’s name.

The Role of the Supreme Court

After Simon Tam, the leading singer of the band had not succeeded in the registration of the proposed name, he contested the denial through the administrative appeals process that had no positive result as well. He then proceeded with the case in federal court, where the banc Federal Circuit stated that the case of denial of the registration violates the Free Speech Clause of the First Amendment. The next step was filing an amici brief by the amici curiae, the organizations that are not participants of the case but can assist by providing necessary information or expertise related to it. In this case, among such supporting organizations were the American Civil Liberties Union (ACLU), the Asian American Legal Defense and Education Fund, the Asian Pacific American Network of Oregon, the Chinese American Citizens Alliance, Portland Lodge, the Portland Japanese American Citizens League, and the Oregon Commission of Asian and Pacific Islander Affairs.

In the amicus brief, the summary of the argument stated that the government’s regulation of private speech based on viewpoint is prohibited, according to the First Amendment; discrimination based on viewpoint is a punishable offense. The law cannot tolerate the selectiveness in approving the cases of free speech, which is, in this case, the proposed name of the band. Thus, the denial in registration was an example of a violation of the Bill of Rights.

The document then reached the Supreme Court, and the final decision was made. The Court stated that the Patent and Trademark Office is obliged to evaluate the marks, including words, names, and symbols is an example of distinguishing the goods from those of others. In this process, a “disparagement clause” is to be applied; however, the assessment, whether the “disparagement” is present in the particular case, has to be examined by several steps. The Supreme Court then investigates several arguments, including the personal intention of the band’s leader. As per the statement of Tam, the name was supposed, instead of implicating disparagement, to challenge the public misconceptions about Asians and make people reconsider their opinion in light of the high quality of art produced by the band. This, as well as other arguments, were used by the Supreme Court in support to make the decisions of reviewing the portions of the Lanham Act and, ultimately, to enable the band to register their name.

The importance of ruling this case is evident, considering obvious contradictions to the Bill of Rights indicated in the federal statute during the proceeding. These violations, if not identified, would potentially affect other cases of a similar kind. This case demonstrates the judiciary power granted to the Supreme Court, which includes the right of judicial review. The Supreme Court can re-examine a statute, or administrative regulations, in case of suspected violation of the United States Constitution and the Bill of Rights. The authority for judicial review was asserted by the Court in 1803, in the first case where the controversy to the Constitution as indicated in the statute (“U.S. Reports: Marbury v. Madison,” n.d.). The case, described above, is an example of such an authority of the Supreme Court.

Conclusion

In this essay, the role of the Supreme Court in the protection of civil rights was examined. It was demonstrated that the Court is the highest authority in the court system. Moreover, it has the judiciary power to re-examine statutes and administrative regulations; the described case that resulted in reviewing the United States Trademark Law is an example of such judiciary power of the Supreme Court.

References

  1. U.S. Reports: Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). (n.d.). Web.
  2. U. S. Trademark Law. (2013). U. S. Patent & Trademark Office. Web.
  3. The United States Bill of Rights: First 10 amendments to the Constitution. (2015). Web.

Pursuit Of Daisy Buchanan In Fitzgerald’s “The Great Gatsby”

Reasons Why The Pursuit of Daisy Buchanan Was Justified

“Great Gatsby” is a novel written by F.S. Fitzerald and published in 1925. The book follows the narrator as he enters the world of the American socialite after returning from war and meets the eponymous main character. Jay Gatsby gained his wealth relatively recently with the hopes of once again meeting his first love Daisy Buchanan, a now-married woman. Regardless of whether they read it or not, almost everyone knows that the book does not have a happy ending. Despite a brief affair, the story ends with Gatsby dying and Daisy coldly dismissing him and their relationship with one another. Due to the book being such a classic, many researchers have analyzed the different interpretations that arise when reading it. In particular, many individuals are interested in the answer to the question of whether Gatsby should have sought Daisy out in the first place. The purpose of this essay is to examine the reasons why this pursuit was justified.

The Pursuit of Daisy Buchanan

Many readers argue that the pursuit of Daisy Buchanan was never going to result in a happy ending. These individuals perceive that Gatsby’s relationship with her was doomed from the start due to a myriad of reasons. Those can include the absence of feelings on Daisy’s part, her love for the luxuries provided by her marriage, and the main character’s penchant for resorting to illusions rather than reality. However, while these arguments are compelling, it is important to note several other interpretations of this relationship, especially considering that the readers do not get to see Daisy’s innermost thoughts.

Daisy’s Feelings Towards Gatsby

While they might have not been as strong as Gatsby’s, it is apparent that Daisy had romantic feelings towards the main character. However, in many ways, his interpretation of everything she went through and her relationship with her husband was undermining her affections. It is particularly apparent during the confrontation between Gatsby, Daisy, and her husband when she is prompted to admit that she never loved her spouse. The character then cries “I did love him once—but I loved you too” (Fitzerald 2004, cxvii). Gatsby hopes for a perfect love story where they are each other’s first and only love. However, the reality of the situation is different and Daisy cannot provide this fairytale. It is fair to assume that she was additionally not inclined to fight for Gatsby due to fear of losing her standing. However, the main character’s desire for his own version of their story, one that diminishes Daisy’s life experiences that she was upfront and honest about could not have helped the situation. Perhaps, if the lovers had more time and a desire to discuss their respective standings on Daisy’s past, the story would have had a happy ending.

Gatsby’s Happiness

The readers with a picture of wealthy young attractive individuals who, one would expect, can enjoy life to the fullest. However, the author is quick to thwart those expectations by showing that most of the characters are deeply unhappy. Apart from the narrator, a notable exception is Gatsby himself who seems to enjoy himself for large portions of himself. The reason for his happiness is the fact that unlike everyone else, he is moving towards a goal. The author points out that his reveries of a life with Daisy “were a satisfactory hint of the unreality of reality” (Fitzerald 2004, cvi). Even if Gatsby’s pursuit of his first love did not result in happy ending, for a long time it provided him with a purpose in life. For this reason, his longing and fight for Daisy were justified as it made him happy amongst the widely unhappy socialite.

Conclusion

Many readers believe that Gatsby would have lived a long and happy life if he had not pursued Daisy. However, this interpretation undermines the characters’ relationship’s potential to be a healthy and loving one. Additionally, it is important to note that it is very likely that Gatsby would not have achieved even a semblance of happiness if it were not for his feelings towards Daisy.

Reference List

Fitzerald, Francis Scott. 2004. The Great Gatsby. New York: Schribner.

Spiritual Care For Diverse Patients

Providing patients with spiritual support is one of the crucial components of a strategy that leads to successful management of their health-related concerns. However, in the present-day setting, a healthcare provider must be able to meet the spiritual needs of patients from a variety of backgrounds, some of which may be significantly different from what a therapist is used to in their practice. Therefore, as a therapist, one must be fully aware of one’s professional strengths and weaknesses in providing spiritual care and support (Bornet et al., 2019). Evaluating my merits as the provider of spiritual care, I should mention sensitivity to patients’; needs and tactfulness. However, I tend to fail to conceal my skepticism when discussing the beliefs that I tend to perceive as lacking credibility, thus reducing patients’ trust, which is one of the main weaknesses to be addressed in the future.

The management of ethical dilemmas in healthcare is another concern worth addressing as a part of the proper care process. If I were a patient and faced a complex ethical situation in the healthcare context, such as the necessity to choose between an intervention that I perceive as inappropriate due to my spiritual beliefs and possible death, I would choose the former. Namely, I would rely on the recommendations of the healthcare provider entirely as long as they are sensible and based on the concept of beneficence, even if they do not meet my spiritual standards. However, the specified point of view stems from my experiences as a healthcare provider, as well as knowledge of the human body and related health-based needs. In turn, patients without the required level of health literacy are likely to rely on their spiritual perceptions, which may ultimately result in fatal outcomes or severe damage to their health. Therefore, patient education must be seen as a crucial aspect of providing spiritual care.

Reference

Bornet, M. A., Edelmann, N., Rochat, E., Cornuz, J., Poncin, E., & Monod, S. (2019). Spiritual care is stagnating in general practice: the need to move towards an embedded model. British Journal of General Practice, 69(678), pp. 40-41. Web.

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