Posted on 03/07/2015 4:10:34 PM PST by E. Pluribus Unum
The Washington Redskins’ have gained a new ally in their fight to defend their trademark against offended liberal activists: The American Civil Liberties Union (ACLU).
Last year, the U.S. Patent and Trademark Office (PTO) ruled that the Redskins name is disparaging towards Native Americans, and as a result weakened the team’s trademark protections that allow it to keep individuals from selling unlicensed team gear. The Redskins have appealed the ruling, and in January also filed a new lawsuit challenging the constitutionality of such bans on disparaging trademarks. (RELATED: 12 Trademarks Less Offensive Than Redskins According To The PTO)
The ACLU filed a new amicus brief Friday (a third-party legal paper advocating for one side of a legal dispute) defending the Redskins and saying the loss of their trademark was dead wrong. In fact, the group argues, the entire federal law allowing regulation of “scandalous” or “disparaging” trademarks should be eliminated.
In a blog post announcing the new brief, the ACLU summarized its position by saying “You’re not wrong, you’re just an a**hole.” The group’s sentiment reflects earlier statements it has made, such as a 2013 denunciation of the Redskins nickname as “vile.”
“The Washington Redskins is a name that is offensive and perpetuates racism against Native Americans,” wrote ACLU staff attorney Esha Bhandari in the post. “Should it be changed? Yes. But should the government get to make that call? As we told a federal district court yesterday, the answer is no.”
In the brief itself, the ACLU’s attorneys argue that regulating speech simply for being “disparaging” invites discriminatory regulations.
“[When] regulation of speech rests on vague and subjective terms that provide no meaningful notice to speakers as to which speech the government will find acceptable, [they] risk—and in this case, ensure—inconsistent and discriminatory application,” the brief says.
Besides the trademark battle, the Redskins have faced rising political pressure, including from Senate Democratic leader Harry Reid, to change their name. However, owner Dan Snyder has remained defiant thus far, insisting the name is not disparaging and that it won’t be changed as long as he is owner.
Incidentally, a paper published several years ago by historical linguist Ives Goddard made a strong case that “redskin,” while superficially offensive in origin, in fact originated among American Indians as a way to describe themselves in contrast to whites, and only later spread to European society.
Well, I hadn’t thought of that. If they lose the trademark protection, then MORE people can get away with using the name. I’ll bet the Gubmint jerks in the Patent and Trademark Office didn’t think of that, although that’s supposed to be their job.
Okay, so they cannot be the Washington Redskins anymore. So, what name do they change too and keep that native spirit. How about Washington Men Who Shoot Arrows Into White Settlers. (And no I ain’t racist. I am part Creek Indian. That tribe was here in the Alabama area).
I think you’ll find the gubment doesn’t look beyond the end of their nose on a regular basis these days.
They will defend Nazis.
How funny! I say this about the ACLU!
How funny! I say this about the ACLU!
“The Washington Redskins is a name that is offensive and perpetuates racism against Native Americans,” wrote ACLU staff attorney Esha Bhandari in the post. “Should it be changed? Yes. But should the government get to make that call? As we told a federal district court yesterday, the answer is no.”I was reading just yesterday about how the use of "Turkey in the Straw" (the better-known name of the first tune copyrighted in the US, btw) as the soundtrack on many an ice cream truck was actually a racist act. Anyway, the ACLU is half right here -- when the gubmint fails to uphold equal protection, it is breaking the law. My view is, any legislator who votes in favor of something unconstitutional should be tried, found guilty, and executed. Or just executed without trial, it would save money, and save all of us having to listen to a lot of stupid talk first.
The ACLU has simply sensed the change in wind direction.
Blame it on the French coz they started it- viz
1747 The French in New France -[Canada 1747] call native americans “redskins”
“always strongest giving presents; I think I have stated that they serve us badly ever since the Red skins made a treaty some ago not to kill one another and to let the whites act against each other; we have a certitude they have favored the parties of our enemies who attacked us without putting themselves the trouble of defending
us but we do not suspect them of having struck us on those up to the present time; `tis presumed that such will be the case even among our tribes “
source: Brodhead, John Romeyn, “Documents Relative to the Colonial History of New York State, Procured in Holland, France and England”, ed. O`Callaghan, E.B., Weed, Parsons & Sons, Albany, 1858 [’PARIS DOCUMENTS’, ‘NEW YORK COLONIAL MANUSCRIPTS’] page 87, p.207, “red men”
Due to the current state of affairs in the United States, the name Washington Redskins is clearly offensive. This name represents the worst of human stupidity, gluttony, immorality, selfishness, arrogance and immorality.
Recognizing this offense to all people everywhere, the Washington Redskins should drop the word "Washington" from their name and simply be known as "The Redskins".
I wasn’t sure where you were headed with your comment for a minute, but you finished nicely. George Washington is not getting any royalties off his name, Washingon, DC, Washington state, Washington Redskins, Washington Nationals, the hockey team I cannot remember their name, and the soccer team. If George had someone alive today from his immediately family line, they could sue for those use of his name.
Now that's a nice turn that never occurred to me!
I was referring to the current nature of the place, unworthy of its namesake.
KINDA late but thought you might want to know that the Cherokees call themselves the ‘RED RACE’ well duhhhhhh.....
viz - http://www.indians.org/welker/redwhite.htm
“Creation of the Red and White Races”
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