Why the Redskins Trademark Ruling Should Terrify You

The Federalist ^ | June 19, 2014 | Robert Tracinski

[2ndDivisionVet]

Anyone deemed politically incorrect is now outside the protection of the law.

Like most people, I haven’t been all that interested in the controversy over whether the name of the Washington Redskins is offensive. Personally, I’m more offended that Washington, DC, has become the kind of megalopolis that can support an NFL team. If I had my way, it would go back to being a humid, swampy backwater with impassable mud roads. Pierre L’Enfant has much to answer for.

But I think everyone should be terrified by the new ruling by the US Patent Office cancelling the team’s trademark.

The ruling was based on a dubious argument that “redskins” is a slur against Native Americans. Well, then maybe we’d better rename the state of Oklahoma, which drew its name from Choctaw words that mean “red people.” Or maybe we should petition the US Army to decommission the attack helicopter it named after a people it defeated in 1886. Then again, forget I mentioned it. I don’t want to give anyone ideas.

This name-bullying has become a kind of sport for self-aggrandizing political activists, because if you can force everyone to change the name of something—a sports team, a city, an entire race of people—it demonstrates your power. This is true even if it makes no sense and especially if it makes no sense. How much more powerful are you if you can force people to change a name for no reason other than because they’re afraid you will vilify them?

Given the equivocal history of the term “redskins” and the differing opinions—among Native Americans as well as everyone else—over whether it is offensive, this was a subjective judgment. (One observer suggests a list of other sports names that could just as plausibly be considered offensive.) When an issue is subjective, it would be wise for the government not to take a stand and let private persuasion and market pressure sort it out.

Ah, but there’s the rub, isn’t it? This ruling happened precisely because the campaign against the Redskins has failed in the court of public opinion. The issue has become the hobby horse of a small group of lefty commentators and politicians in DC, while regular Washingtonians, the people who make up the team’s base of fans and customers, are largely indifferent. So the left resorted to one of its favorite fallbacks. If the people can’t be persuaded, use the bureaucracy—in this case, two political appointees on the Trademark Trial and Appeal Board.

That’s what is disturbing about this ruling. Our system of government depends on the impartial administration of the laws by the executive. In this case, executive officials declared that a private company doesn’t deserve the protection of the law: if the ruling survives an appeal in the courts, the federal government will stop prosecuting violations of the team’s intellectual property rights, potentially costing it millions of dollars.

This ruling isn’t a slippery slope. It’s a slope we’ve already slid down: bureaucrats in Washington are now empowered to make subjective decrees about what is offensive and what will be tolerated, based on pressure from a small clique of Washington insiders. Anyone who runs afoul of these decrees, anyone branded as regressive and politically incorrect, is declared outside the protection of the federal government.

That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.

[bigtoona]

In Europe you can be arrested for racially offending someone. This is what they are trying to do here. Coming soon...

[bicyclerepair]

You really think even LIVs will tolerate this bs not saying a word crapola? It’s gonna sink in to some.

Like telling your kid not to do something.....

[dr_lew]

That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.

You had me and then you lost me. If you don't particularly care ... then you don't particularly care ... know what I mean?

[2ndDivisionVet]

The national divorce is overdue.

[minnesota_bound]

The name “free republic” offends me. I think it should be banned as it may induce people to rebell against the “state”.

Sincerely Valerie Jarrett

[FatherofFive]

[DBrow]

This is merely a slight extension of what the IRS was (is) doing to influence elections.

[aposiopetic]

the federal government will stop prosecuting violations of the team’s intellectual property rights

This is not true. The feds were not previously prosecuting violations of the team's IP rights. The team will just lose the possibility of a particular cause of action.

[FreeInWV]

[FreeInWV]

I stand with the owner of the Redskins. Here is what he had to say about the controversy:

http://files.redskins.com/pdf/Letter-from-Dan-Snyder-032414.pdf

[Sarah Barracuda]

Liberals are doing this because if they can get away with this, they can get away with changing ANYTHING they want because its offensive to THEM..what next, the Blackhawks..the Cleveland Indians..the left is all about power and control, like they give a rats ass about Native Americans, please, they could care less, this is all about ceasing opportunity to gain more control over our lives

[Girlene]

This name-bullying has become a kind of sport for self-aggrandizing political activists, because if you can force everyone to change the name of something—a sports team, a city, an entire race of people—it demonstrates your power. This is true even if it makes no sense and especially if it makes no sense. How much more powerful are you if you can force people to change a name for no reason other than because they’re afraid you will vilify them?

Same logic for the gay activists.....if you can force someone to bake a cake or take pictures for your "wedding", you got da power.

[Mygirlsmom]

FLipper always kind of creeped me out when I was a kid.

The Miami Dolphins offend me.

Who do I contact?

[gasport]

Unprog books will be deemed unworthy of copyright protection.

[Hostage]

You easily lost then. It’s easy to see what he’s saying. The ‘Redskins’ issue is not particularly one to care about.

The real issue to care about is a small clique in government that applies the law selectively, targeting the politically incorrect even though the public could care less.

[ConorMacNessa]

This guy has it right.

Some years ago the Washington Compost stopped referring to the Notre Dame teams as the "Fighting Irish" and called them instead the "Irish." As you may suspect from my username, I am an American of Irish descent. I am not an Irish-American - I agree with Teddy Roosevelt - no hyphenated Americans here.

We ARE the "Fighting Irish!" My family came over here from the Auld Sod - legally, of course - mostly as refugees from An Gorta Mor, some earlier. We fought for eight centuries to overthrow the tyranny to which we were subjected, and we have fought here to preserve this Nation. Don't insult me by dropping the "Fighting" from our name! We earned it!

Back to the Redskins. The term "Redskins" may well be disparaging. Still, we have this little thingy called the 1st Amendment that guarantees Freedom of Speech. Very limited exceptions to that Freedom.

It protects flag-burners.
It protects pornographers.
It protects the Jihadists who seek to undo our Nation and bring Death upon us all.
It protects the toxic lyrics of screeds by Kanye West and others - "n" word, "mf", etc.
I, as a Christian, am highly offended by the text of Kanye West's "works" and the works of others of his ilk. They profane my religion, they profane the sweat and sacrifice of my ancestors, they profane everything I believe in.

Guess I'll take a trip down the road to the Patent Office.

America demands Justice for the Fallen of Benghazi!

O stranger, tell the Lacedaemonians that we lie here, obedient to their command.

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

[Alex Murphy]

Our system of government depends on the impartial administration of the laws by the executive. In this case, executive officials declared that a private company doesn’t deserve the protection of the law: if the ruling survives an appeal in the courts, the federal government will stop prosecuting violations of the team’s intellectual property rights, potentially costing it millions of dollars.

This ruling isn’t a slippery slope. It’s a slope we’ve already slid down: bureaucrats in Washington are now empowered to make subjective decrees about what is offensive and what will be tolerated, based on pressure from a small clique of Washington insiders. Anyone who runs afoul of these decrees, anyone branded as regressive and politically incorrect, is declared outside the protection of the federal government.

That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.

PFL

[dalereed]

The team got circumcised and are now known as the foreskins!

[Pelham]

In the spirit of the spineless GOPe I think we have to go with the flow here.

We must bend to the wishes of our know it all, busybody white liberal bretheren who take it upon themselves to speak in the name of the noble American feather Indian. So the Redskin name must go!

However, we now have the chance to pick a name that amuses us. And we need to get on with that task.

I’m thinking that maybe we could go with the ‘Racist Whiteys’- this is a name that our leftist friends routinely use, so there can’t be anything objectionable about it. But it is kind of long, so maybe we should just shorten it to the Racists. Our leftist friends and their PC allies on the right think that name applies to a wide portion of the American people- so who can complain?

Go Racists! It has a ring to it...