FCC Told That Team Owner Dan Snyder Insults Commissioners Over "Redskins"

WASHINGTON - Dec. 16, 2014 - PRLog -- WASHINGTON, D.C. (December 16,  2014):  The Federal Communications Commission [FCC] has been told that Dan Snyder has insulted a former distinguished FCC Chairman, as well as current FCC commissioners, in his so-far unsuccessful efforts to stop the agency from even beginning proceedings which might affect the ability of his station to continue repeatedly and unnecessarily using a "racial slur" - "R*dskins" - on the air.

        Former FCC chairman Reed Hundt argued that because "the FCC does not give radio station licenses to . . people of bad character," and that "historically, [it] has been reluctant to give broadcast licenses to people who advocate racially intolerant positions,” "the FCC should consider whether Mr. Snyder is fit to own radio station licenses given that he uses radio stations to broadcast an ethnic slur."

        For making that seemingly common sense suggestion that the FCC should at least consider Snyder's character - as it has in many other situations - as one of many factors in determining whether or not to finally grant his station a broadcast license the agency has already held up for more than three years, the distinguished former chairman’s suggestion was branded both "shameless" and "baseless."

        Ironically, after arguing vigorously that his character should not be a factor in the FCC proceeding, Snyder nevertheless asked that the agency consider his alleged “immeasurable contributions to the Washington, D.C. community and his outreach to Native Americans.”

        “That's what my legal team - which contains not a single Jew, yet which I nevertheless call ‘The K*kes’ to honor Jewish people like Snyder - calls Snyder's suggestion Chutzpah on steroids,” says public interest law professor John Banzhaf, who has asked the FCC not to renew Snyder’s radio license.

        The current FCC Commissioners were also told that Snyder insults them also by making nonsensical arguments such as "to [even] designate the matter for hearing . . would be . .. violative of the First and Fifth Amendments,” even though three former FCC commissioners have determined that refusing to renew the license - much less simply holding a hearing on the matter - would be entirely constitutional.

        Snyder also insults the current Commissioners, the FCC was told, by urging that "no further pleading . . . should be considered" and no hearing should be held, even though many Native American organizations feel so strongly about the name that they have gone to court, many former FCC commissioners and other broadcasting law experts wish to be heard on the issues, and many other stations could be affected.

        It also seems inappropriate to not even hold a hearing when there is uncontradicted evidence in the record that on-air use of the term “R*dskins” causes real harm to Native Americans, suggests Banzhaf.

        Finally, the FCC was told that Snyder insults its Commissioners by trying to convince them that Banzhaf’s petition asks the agency “to ban the use of the word R*dskins" when it is clear that no such ban has been requested, and by suggesting that the Commissioners  could be irritated and annoyed into doing what he has requested - i.e., consider whether the repeated and unnecessary use of a word widely found and declared to be a “racial slur” meets the legal standard of operating the station in the public interest.

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