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To: Red Badger
What say ye?

I say he can name the horse whatever he likes, so long as he doesn't want it to be a part of the Jockey Club. :-)

No first amendment issue here at all that I can see, rather an issue of whether a private organization can set its own reasonable rules.

MM (in TX)

62 posted on 08/08/2007 10:08:24 AM PDT by MississippiMan (Behold now behemoth...he moves his tail like a cedar. Job 40:17)
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To: MississippiMan; Red Badger
Do you really think a State or local government could or would [constitutionally speaking] license a racetrack that allowed gambling on horses named Mohammed, Roosevelt or whatever offensive name suits your fancy?

Red Badger:
They would deny the license on some other constitutionally solid ground, but they would never admit to denying the license over a 'free speech' issue.......

No first amendment issue here at all that I can see, rather an issue of whether a private organization can set its own reasonable rules.
MM (in TX)

Its not 'reasonable' for racetracks to allow objectionable names for horses. - 'Fighting words' ordinances can be applied [constitutionally speaking] to such acts.

Regulation of Fighting Words

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/hatespeech.htm

64 posted on 08/08/2007 12:57:01 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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