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No, the FCC may not ban the use of “Redskins” on radio and television
The Volokh Conspiracy ^ | October 1, 2014 | Eugene Volokh

Posted on 10/01/2014 9:42:51 PM PDT by right-wing agnostic

Prof. John Banzhaf has filed a petition asking the FCC to revoke the broadcast license of stations that use the word “Redskins.” Some “longtime participants in the FCC regulatory process” — including former FCC chair Reed Hundt — have likewise argued that,

It is impermissible under law that the FCC would condone, or that broadcasters would use, obscene pornographic language on live television. This medium uses government owned airwaves in exchange for an understanding that it will promote the public interest. Similarly, it is inappropriate for broadcasters to use racial epithets as part of normal, everyday reporting.

Current FCC chair Tim Wheeler has recently said (here I quote CNBC that,

We’ll be looking at that [Banzhaf] petition, we will be dealing with that issue on the merits and we’ll be responding accordingly….

There are a lot of names and descriptions that were used over time that are inappropriate today. And I think the name that is attributed to the Washington football club is one of those.

But whether or not “Redskins” is “inappropriate,” racist, or insulting, I think the FCC is barred by the First Amendment from forbidding it, or from considering its use as a factor in deciding whether to cancel a broadcast license. In the controversial FCC v. Pacifica Foundation decision (which both Justice Thomas and Justice Ginsburg have recently argued should be overturned), the Court did uphold a restriction on particular vulgarities (the famous “seven dirty words”). But the premise of the lead opinion was that those words were not being restricted because of the opinions or ideas that they supposedly convey:

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Society; Sports; TV/Movies
KEYWORDS: academicbias; censorship; fcc; freespeech; johnbanzhaf; redskins; revisionisthistory
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To: In God I trust

At first I thought it was ridiculous that Phil Simms said he wouldn’t call them “Redskins” but something like “The Washington NFL team”. But he’s free to call them whatever the hell he wants, I won’t watch football when he’s on. But when the FCC is forced to get involved and issue penalties, then we’ve crossed a dangerous line. The Constitution is under constant assault these days, most notably from the left.


21 posted on 10/02/2014 1:26:24 AM PDT by BigSkyFreeper (You have entered an invalid birthday)
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To: Nailbiter

The Washington “Bitch-Set-Me-Ups”

...or change the team logo to a potato.


22 posted on 10/02/2014 1:37:19 AM PDT by twister881
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To: right-wing agnostic

“Redskin” is a derogatory, offensive term. However, the FCC shouldn’t be banning broadcasters from saying the word.


23 posted on 10/02/2014 2:38:37 AM PDT by gunn
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To: GeronL

Perhaps all those teams may be renamed “The Bloodthirsty Savage Fkrewater Drinkers”?


24 posted on 10/02/2014 4:23:25 AM PDT by Rodamala
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To: Rummyfan

You think the facts are important to liberal PHD’s?....can’t have facts messing up their nice and tidy Utopian narratives...


25 posted on 10/02/2014 4:34:14 AM PDT by mdmathis6
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To: Cold Heat
...or the...


26 posted on 10/02/2014 5:30:32 AM PDT by Hatteras
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To: gunn
“Redskin” is a derogatory, offensive term.

Says you, it's a word, the offense comes from the hearer, the intent from the speaker.

27 posted on 10/02/2014 5:42:17 AM PDT by xone
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To: right-wing agnostic

The FCC receives thousands of petitions from demented nutballs every year. Most are quickly dismissed on technical grounds.


28 posted on 10/02/2014 6:01:34 AM PDT by Buckeye McFrog
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To: anton

The Mayans were pretty good timekeepers too. That didn’t preclude them from practicing human sacrifice. Didn’t want to totally discount Native American civilization.


29 posted on 10/02/2014 6:21:29 AM PDT by Rummyfan (Iraq: it's not about Iraq anymore, it's about the USA!)
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To: right-wing agnostic

If the FCC could ban the word “Redskins,” in 2016 they could decide that the name of the Republican nominee for President is an obscene word and forbid its being mentioned on air.


30 posted on 10/02/2014 11:31:56 AM PDT by Verginius Rufus
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To: Rummyfan

“Didn’t want to totally discount Native American civilization.”

I think that “civilization” is a misnomer. Not your fault, it has been adopted by anthropologists and sociologists to apply to every manner of savagery as they re-write the history of the World to their revisionist views. One would never know that most of the man caused extinction of animals on this continent was at the hands of Native Americans. Millions of Bison carcasses were strewn over North America with one or two legs missing and the rest to be eaten by scavengers when the NA enjoyed a snack and left the rest on the ground. I guess you could say I’m not a fan.

To me, a civilization needs to be something more than a tribe.


31 posted on 10/02/2014 11:51:26 AM PDT by anton
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To: gunn

“Redskin” is a derogatory, offensive term.


Is it? Why? And to whom (aside from the non-Native American liberals)?


32 posted on 10/04/2014 7:13:15 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lepton

It is. According to its historical use and the dictionary.

http://www.dictionary.reference.com/browse/redskin


33 posted on 10/04/2014 2:25:44 PM PDT by gunn
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To: xone

Here is the dictionary definition:

http://dictionary.reference.com/browse/redskin


34 posted on 10/04/2014 2:25:45 PM PDT by gunn
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To: gunn
I know the definition.

How about this:

often

Notice it doesn't say always. Offense is in the hearer, it is their problem, their failure.

35 posted on 10/04/2014 4:44:55 PM PDT by xone
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To: gunn

See “Oklahoma”.


36 posted on 10/07/2014 6:57:55 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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