The Washington Redskins is a name that is offensive and perpetuates racism against Native Americans. Should it be changed? Yes. But should the government get to make that call? As we told a federal district court yesterday, the answer is no, because the First Amendment protects against government interference in private speech.Even the ACLU is worried of Strongman Barack Obama.
Nevertheless, the government has indeed weighed in. Last June, the U.S. Patent and Trademark Office cancelled the football team's federally registered trademark, which it deemed disparaging to Native Americans. We don't disagree with that judgment, but the government should not be able to decide what types of speech are forbidden – even when the speech in question reflects viewpoints we all agree are repellent.
The team took the case to court, and the ACLU filed an amicus brief yesterday, alongside the ACLU of Virginia and NYU Tech Law & Policy clinic, arguing that the government cannot constitutionally deny trademark benefits on the basis of speech that it disagrees with or finds controversial. Our brief is on behalf of the First Amendment, not the Redskins. The ACLU has joined the loud chorus of people and groups calling on the team to change its name (we side with the Dude from "The Big Lebowski" on this one), but the government should not have the power to make decisions about which trademarks are too "immoral," "scandalous," or "disparaging" to be given trademark protection.
Saturday, March 07, 2015
ACLU Warns Obama Regime: ' the government cannot constitutionally deny trademark benefits on the basis of speech that it disagrees with or finds controversial'
ACLU reports: