FCC Weighs Ban on "Redskins" - Reports National Journal

WASHINGTON - Sept. 30, 2014 - PRLog -- "The Federal Communications Commission [FCC] is weighing whether to ban TV stations from saying the name of Washington, D.C.'s football team," the National Journal has just reported.

In a piece by Brendan Sasso entitled: "FCC MULLS BANNING REDSKINS NAME - A petition claims the use of the team name on TV violates indecency regulations," the Journal says:

"A law professor filed a petition with the agency earlier this month, claiming that the name "Redskins" violates federal rules barring any indecent content on broadcast television.  At a press conference Tuesday, FCC Chairman Tom Wheeler said he is currently reviewing the filing. "We will be dealing with that issue on the merits, and we will be responding accordingly," Wheeler said."

"The FCC chief said he personally finds the term offensive and urged the team to change the name. But he didn't say whether he thinks it is illegal. "There are a lot of names and descriptions that were used for a time that are inappropriate today," the FCC chief said. "I think the name that is attributed to the Washington football club is one of those." American Indians argue that the term is an ethnic slur and is deeply offensive."

"In his petition to the FCC, George Washington Law Professor John Banzhaf urged the agency to ban use of the "racist, racially derogatory word." The FCC has fined TV stations in the past for airing other forms of profanity, Banzhaf noted."

Meanwhile, in a related development, John Eggerton has just reported in Broadcasting and Cable that CLYBURN SIGNALS ISSUE WITH 'REDSKINS - Eschews use of name in referring to team."  Here's what he reported:

"Add FCC Commissioner Mignon clyburn to the list of commissioners that have an issue with the Redskins name. During the FCC's unanimous vote to ax the sports blackout rules, which had protected NFL game blackouts, she took a little time out to refer to the ongoing controversy over the team's name, which a number of native Americans find offensive, as well as to dress down the NFL."

"'This is true even considering the current fate of Washington’s football team, which is saddled with injuries, wrestling with quarterback challenges, and resisting calls to change the team’s name for being offensive to Native Americans,' she said."

"The Redskins have been under pressure from many in Washington, mostly Democrats. Both FCC Chairman Tom Wheeler and Democratic Commissioner Jessica Rosenworcel have signaled they have a problem with the name. Wheeler has said the name is offensive (http://www.broadcastingcable.com/news/washington/fccs-whe...) and should go. Legal activist John Banzhaf has also challenged the FCC license (http://www.broadcastingcable.com/news/washington/exclusiv...) of Redskins owner Dan Snyder over his refusal to change the name, arguing that its use on-air is a racial slur akin to obscenity"

Public interest law professor John Banzhaf notes that four major TV stations in the Los Angeles area have received official notice that their broadcast licenses may likewise be opposed within the next month over their repeated and continued use of the racist and offensive term "Redskins."

"One way or another, the FCC will have to address whether or not to continue to permit stations to use racist profanity (which includes "curse words" or "fighting words") on the air," says Banzhaf.

He also notes that the petitions allege that the word also constitutes "hate speech," in that it has led directly to physical harm and well as bullying to American Indian children and some adults.

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