Supreme Court decision supports Redskins’ argument
By Dani Bostick
A recent Supreme Court ruling about trademarks should benefit the Washington Redskins.
On Monday, the Supreme Court issued a unanimous ruling that trademarks are protected by the First Amendment, even if they are offensive. This decision could help the Washington Redskins in their own case.
Today’s ruling marks the end of a legal saga that started almost eight years ago when the United States Trademark and Patent Office attempted to prevent The Slants, an Asian-American band, from trademarking their name on the grounds that “slants” disparages Asian Americans.
Simon Tam, one of the band’s founders, said in a Facebook post, “When I started this band, it was about creating a bold portrayal of Asian American culture. The establishment of an Asian American band was a political act in of itself, even though we never considered ourselves as a political group.”
The Redskins have had their own troubles with the United States Trademark and Patent Office that has resulted in ongoing legal action. They faced the revocation of their trademark in 2014 on the grounds that the term “redskins” is disparaging to Native Americans.
While the organization has insisted that its name is not offensive, this recent ruling of the Supreme Court protects even offensive names. Justice Samuel Alito wrote in his opinion, “We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
Next: Should the Redskins change their name?
Lisa Blatt, a lawyer representing the Redskins said in a statement, “The team is thrilled with today’s unanimous decision as it resolves the Redskins’ longstanding dispute with the government. The Supreme Court vindicated the Team’s position that the First Amendment blocks the government from denying or cancelling a trademark registration based on the government’s opinion.
The ongoing Redskins case is expected to be heard before the U.S. Court of Appeals. Based on Monday’s decision, there is a strong chance the court will rule in favor of the Redskins. In that event, it would fall to NFL fans and the free market to effect a change in the team’s name. In preserving First Amendment rights, the Supreme Court ruling, according to Tam’s post, empowers Americans who can now “decide who should prevail in the marketplace ideas rather than a lone examining attorney.”