Washington Redskins Name Controversy

[FoolKiller]

The Buffalo Bills need to change their name. Buffalo Bill fought against the Native Americans and later portrayed them as savages attacking a settlement in his show, where he would swoop in as the hero. I'm pretty sure we wouldn't accept a team named after Jefferson Davis.


Also, I don't want to get the hose again.

 

[Johnnypenso]

In that case, the New York Rangers are going to have to change their name too. Originally it was a parody of the owner's name, Tex Rickard. "Tex's Rangers" was a reference to the original Texas Rangers, and part of their original mission was to kill Indians Native Americans that had taken up arms on behalf of the Mexicans fighting against Texas.

 

[Pupik]

Looks like this issue is over, at least in terms of trademarks.

http://www.npr.org/sections/thetwo-...arks-over-offensive-names-appeals-court-rules

The court ruled that their name — The Slants — is private speech and therefore protected by the First Amendment. The government, the court writes, has no business trying to regulate it by denying the band a trademark.

At issue in the case was Section 2(a) of the Lanham Act, which allows the U.S. Patent and Trademark Office (PTO) to deny or cancel a trademark if it is "disparaging" of persons, institutions or national symbols.

In a 10-2 decision, the court decided parts of that section were unconstitutional. Conferring a trademark, the court argues, does not make the band's name government speech.

Here's the comparison the majority uses: "The PTO's processing of trademark registrations no more transforms private speech into government speech than when the government issues permits for street parades, copyright registration certificates, or, for that matter, grants medical, hunting, fishing, or drivers licenses, or records property titles, birth certificates, or articles of incorporation."

The founder of the band, Simon Tam, has been fighting this battle for years. As our friend Kat Chow reported for Code Switch earlier this year, Tam understands that the name is offensive, but he views this as an opportunity to reclaim that slight.

 

[Danoff]

@Pupik,

I guess it's time for the supreme court to weigh in.

 

[Pupik]

@Pupik,

I guess it's time for the supreme court to weigh in.

Is it really going to go that far? If so, doubtful we'll hear about it until May or June, when most cases are gathered together for a ruling.