Which of the Following Was the Result on Appeal in In Re

Multiple Choice

Which of the following was the result on appeal in In Re Simon Shiao Tam,the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

A) The court found the disparagement requirement to be constitutional under the First Amendment,but because the mark was derogatory,affirmed the government's denial of the "Slants" mark.
B) The court found the disparagement requirement to be unconstitutional under the First Amendment,but affirmed the government's denial of the "Slants" mark.
C) The court found the disparagement requirement did not violate the First Amendment,but refused to comment on whether or not the "Slants" mark was disparaging.
D) The court found the disparagement requirement to be unconstitutional under the First Amendment,thus the denial of the "Slants" mark was vacated.
E) The court found the disparagement requirement to be constitutional under the First Amendment,thus the denial of the "Slants" mark was affirmed.