My colleague, George Washington University law professor John Banzhaf, has entered the fray over the Redskins name with the filing of a complaint to oppose the renewal of a radio station’s license due to its use of the team name. The filing comes at a time when recent polls show that almost three out of four people polled still believe that the Redskins should keep its name and do not view the name as racist. Another poll shows that almost 60 percent of NFL players believe that the team should keep its name. The radio station, WWXX-FM, is an ESPN affiliate owned by team owner Dan Snyder.
Banzhaf is actually teaching my torts class his term while I am on sabbatical. We disagree on this issue. I recently wrote a Washington Post column on the controversy over the Redskins name. I do not believe that government agencies or boards should make this decision and view it as a further expansion of the administrative state into social or political controversies. This effort would bring a second agency into the mix after the recent trademark controversy at the Patent Office.
Banzhaf is quoted in our GW Hatchet as drawing a comparison to the use of the n-word: “Most people I think would agree that a station that repeatedly used the n-word on the air would have their license taken away. American Indians call it the r-word. Therefore broadcasters shouldn’t be using the term ‘Redskins.’ ”
The FCC Petition states that “it is long since time for the FCC to determine whether the continued and unnecessary use of the most racially derogatory word which can be used in connection with America’s first citizens can possibly be consistent with a broadcaster’s mandatory legal obligations.”
The question however remains the role of agencies as arbiter of such disputes as opposed to leaving the question for the fans and society (and the market) to decide. While the support for the name has fallen, it is still remarkably high with both the public and fans and even many Native Americans. The question is who should decide such questions and whether an insulated government board or office should effectively determine the issue. I certainly understand and respect the arguments of those challenging the name and my primary interest is not the merits of the dispute but the means by which it is decided.
Banzhaf often includes students in his litigation, which has included groundbreaking reforms in combating tobacco use. His class on litigation is called “Sue the Bastards.” He is the founder of a smoking pressure group, Action on Smoking and Health (ASH). Even as a law student, Banzhaf was a fierce advocate. While still a student at Columbia Law School, Banzhaf wrote a note on copyrighting computer and software programs. It had never been done despite requests. While still a student, Banzhaf sought to register copyrights on two programs he had written. He became in 1964 the first person to register such copyrights. He later testified in Congress on the issue. Not a bad start for a law student. Notably, one of my colleagues,
Robert Brauneis, attended an event at the Library of Congress celebrating the 60th anniversary of the Copyright Society and the Library was featuring exhibits in the Main Reading Room that constituted the most important developments in copyright law. It featured Banzhaf groundbreaking application (which Brauneis captured in this picture from the celebration).
Source: GW Hatchet
I don’t agree with this practice of using the FCC. What is the radio station supposed to do when quoting factual information such as a team name when someone will oppose it for various reasons?
If someone wants to make a statement that is one thing but why jeopardize the existence of a third party company to do so?
Brought to you by the same guy who unsuccessfully tried to sue the Catholic University of America for: (1) sex discrimination (for having same-sex dorms); and (2) religious discrimination (because the University did not have a “crucifix-free” room for Muslim students to pray). As an aside, not one Muslim-student joined the lawsuit and several Muslim-students commented how welcoming CUA is to students of all faith.
I always wondered why theologians never complained about the NJ Devils hockey name.
ospreysun:
I find your name derogatory to ospreys; please change your name to floridasun.
Thanks
Just rename the team to the Washington Potomacs (?) and have done with it.
In Florida, we have the Florida State Seminoles. Maybe Washington would finally get back to winning a bowl game like Florida’s Garnet & Gold (and stop acting like a bunch of Paleface Knuckleheads). :- )
SWM, My “on this subject” were the key words. Step up your game!
Fifty years ago be an Indian or Redskin was to be a respected enemy. One to be feared in battle.
Names of teams invoke fear: Giants, Pirates and Bears, oh my. (Packers? Fearsome? Wisconsin is different.)
When did it change?
The KKK is a fomenter of racial hatred, universities a fomenter of PC. Both are a threat to this nation. Although, in one of your most precious questions to me, you questioned my assertion that universities were hotbeds of speech control. I directed you to the great, Constitutional website, FIRE. Did you visit?
rafflaw, The Quinnipiac poll and others sponsored by universities are well regarded. If I remember correctly the University of Michigan was a pioneer in polling and surveying.
Nice link swarthmoremom. I would trust a survey from a University if the survey was done correctly. So Nick, are you comparing universities to the KKK?
I would never trust a survey form a university on this subject. NEVER! But, nice try. It would be like trusting a survey on the use of the word “nigger” from the KKK.
No one said professors were sane….
http://www.buzzfeed.com/lindseyadler/native-americans-offended-by-racial-slur#28vdd39 “A recent study by the California State University, San Bernadino reports 67% of Native Americans find the Washington Redskins name and imagery racist.”
This is ridiculous and is an example of the liberalism that plagues our educational system. Anything to draw attention to one’s self.
Given all the problems/injustices in the world, this is the topic that demands Mr. Benzhaf’s time, money and energy?
His right to mentally masturbate, but stay out of my life.
Palefaces, Crackers, Honkies, all fine w/ this white dude.
How about they just be the “PALEFACES” for an equal number of years to do a little repenting?
PC University of Minnesota will not allow “Redskins” to be used @ their stadium. The Vikings are playing their home games @ UM while the taxpayers build a new stadium for a billionaire owner. PC started and is cultivated on college campuses. The education industry must be dismantled w/ and rebuilt w/ people who understand and respect the Constitution.
Haz, The vast majority of Indians have no problem w/ “Redskins.” White guilt and paternalism is what this is all about. This is that pernicious PC taking it’s daily dump on the First Amendment.
Is John Banzhaf an Indian, or just another do-gooder white guy?