Federal Judge Bars Use of "Redskins" Name

WASHINGTON - July 14, 2014 - PRLog -- WASHINGTON, D.C.  (July 14, 2014): Following the lead of the U.S. Patent and Trademark Office, which recently voted to strip the NFL team of all its "Redskins" trademarks, U.S. District Judge Peter J. Messitte has just banned the use of the racially derogatory word in his courtroom, and in all the judicial opinions he will be issuing in a case involving the team, notes public interest law professor john Banzhaf .

        In addition to representing still another official opinion that the word is derogatory and racially offensive, this judicial decision adds weight to the arguments made by a former chairman of the FCC, 2 former FCC commissioners, and other broadcasting law experts that, because the word if offensive, it should no more be used on radio and television than the word "N*iggers."

        American Indians consider the R-word as offensive as the N-word, explains Banzhaf, noting that in two other legal opinions drivers have been barred from using the word on personalized license plates
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        A letter from former FCC chairman Reed Hundt and 11 other broadcast law experts says the R-word is the most derogatory name a Native American can be called, and is an "unequivocal racial slur" akin to the N-word.  They liken the use of “Redskin” to an "obscenity," which is illegal on the public airwaves in any form, rather than simply an "indecency" which is restricted to certain times of the day.

        The letter also likens the use of the term to "obscene pornographic language on live television," noting that "As The Washington Post's Mike Wise pointed out, 'America wouldn't stand for a team called the Blackskins –  or the Mandingos, the Brothers, the Yellowskins, insert your ethnic minority here.'"

        "No station would ever have its broadcast license renewed if it regularly used the N-word on the air, even if that was the name of a well known team or musical group. That's why, for example, the musical group 'N*gg*rs With Attitude' is never referred to by its full and correct name, even though it is made up of African Americans who freely chose the name.

        The Redskins team is not made up of American Indians, and the R-word – as offensive to them as the N-word is to blacks  –  was not chosen by them, and is being used over their strongest possible objection," says Banzhaf who, with the former FCC colleagues, “is planning to use federal broadcast law to force that hateful name from the nation’s airwaves.”

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ @profbanzhaf