That’s what this conversation comes back to, at its roots. You can talk about history, the First Amendment and oversensitivity, – and you’d be wrong, but we’ll get to that – but in the end, the name of the team is a ?racial slur.
Many defenders of the Washington Redskins – a name I am loath to type – point to the team’s eight decades of history as a word nearly every dictionary describes as “racist,” “dated” or “offensive.” And they’re correct to an extent. The franchise is one of the oldest in the NFL, has achieved much in its time and has been one of the most successful sports businesses in ?American history.
However, the team’s age is precisely one of the many and varied arguments against the perpetuation of its name. The country and the world are not the same as they were in the 1930s when the team adopted its current moniker, nor is the cultural vernacular. The words we once used without a second thought, which were once offensive to none – or at least none who counted – now are unacceptable when viewed through the lens of history and with the weight of moral problems passed.
The franchise and owner, Dan Snyder, were dealt a possibly fatal blow in the quest to preserve the team’s nickname after the U.S Patent and Trademark Office cancelled their trademarks, deeming them, as many do, disparaging and offensive to a significant group. This decision will no doubt be appealed for many years, and the trademarks are enforceable until the decision is finalized.
Eventually, the decision may be legally overturned. The debate over the federal agency’s right to make this decree will rage on vociferously, because the points of the argument are nuanced and thus will be hashed out with all of the nuance of a sledgehammer to the skull. In short, the decision is grounded in the Commerce Clause of the U.S Constitution, which grants the Federal Government the right to regulate interstate commerce. Some will claim a First Amendment violation, which may be the case in the eyes of the Supreme Court. I suspect not, because no one has ruled that Snyder can’t call his team what he likes. They’ve only said he can’t have a trademark on the team’s name.
Whatever the final decision in the case, the ruling comes at a time when Snyder’s position is becoming more and more untenable. It’s possible that with this ruling and the current climate, the name will be changed and in a year I’ll be writing a column about the NBA Draft or MLB All-Star game. Just please, anything but this team.
