American Indians – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 The Washington Redskins: What’s Next in the Name Debate? https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/trademark-redskins-cancelled/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/trademark-redskins-cancelled/#respond Mon, 27 Oct 2014 20:00:19 +0000 http://lawstreetmedia.wpengine.com/?p=16193

Midway into a new football season, there are certainly plenty of controversies surrounding the National Football League. Between the ongoing debate on concussions and player safety and the number of NFL players who are under public and legal scrutiny for their actions on and off the field, the NFL is no stranger to scandal. But one of the hottest topics for a while now has been the status of the Washington Redskins' name. Read on to learn about the controversy, and where it now stands.

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Image Courtesy of [Keith Allison via Flickr]

Midway into a new football season, there are certainly plenty of controversies surrounding the National Football League. Between the ongoing debate on concussions and player safety and the number of NFL players who are under public and legal scrutiny for their actions on and off the field, the NFL is no stranger to scandal. But one of the hottest topics for a while now has been the status of the Washington Redskins’ name. Read on to learn about the controversy, and where it now stands.


Washington Redskins’ History

Up until the 1970s, high school, collegiate, and professional sports teams across the country used mascots depicting Native American historical figures and culture to evoke values of courage, strength, and tenacity, in order to signify these values in the realm of sports. Fans became emotionally attached to these mascots and these symbols; showing their appreciation by performing rituals such as “tomahawk chops” and dressing up in makeshift Native American regalia to support their team. However, these mascots and rituals received backlash during the late 1960s and 1970s, as Native American advocacy groups brought attention to the stereotypical nature of these mascots and their negative portrayal of American Indian culture.

At the request of local tribes, many of these teams abandoned their mascots for less controversial ones, leaving a relatively small number left carrying names such as “Braves,” “Indians,” and the most controversial “Redskins.” In addition to a handful of high school and collegiate teams, five professional sports teams retain their use of American Indian nomenclature: the Washington Redskins, the Atlanta Braves, the Chicago Blackhawks, the Cleveland Indians, and the Kansas City Chiefs. Debate has raged over the past couple decades as to whether these teams and their mascots represent racial slurs and harmful, derogatory stereotypes; or whether they are merely evoking Native American culture out of respect and honor for their courageous spirit.

A lawsuit, which has bounced back and forth between various overturned decisions, was brought against the Washington Redskins in 1992 arguing that its name used a racial slur and should be changed. More resolute than ever in the face of this opposition, the team’s owner Daniel Snyder went on record in 2013 that the Redskins would “NEVER” change its name. In response, a bill was introduced to the House of Representatives in March 2013 by Representative Eni Faleomawaega of Samoa called the “Non-Disparagement of American Indians Trademark Registrations Act of 2013,” a bill that would essentially cancel all trademarks on the name “Redskins” and prevent future parties from trademarking the name. While the bill does not look likely to be passed, it raises interesting questions on the nature of Native American mascots and the legality of their use.

Cancellation of the Trademark

During summer 2014, the Washington Redskins trademark was cancelled by the US patent office. It was cancelled in response to a ruling by the independent Trademark Trial and Appeal Board (TTAB). As the Patent Office put it in its media fact sheet:

The TTAB — an independent administrative tribunal within the USPTO — has determined, based on the evidence presented by the parties and on applicable law, that the Blackhorse petitioners carried their burden of  proof. By a preponderance of the evidence, the petitioners established that the term “Redskins” was disparaging of Native Americans, when used in relation to professional football services, at the times the various registrations involved in the cancellation proceeding were issued. Thus, in accordance with applicable law, the federal registrations for the “Redskins” trademarks involved in this proceeding must be cancelled.

The lawyers and administration of the Washington Redskins have said that regardless of the Patent Office’s decision, they will continue to use the name, logo, and produce paraphernalia.

Media Response 

Within the last year or so, more and more TV newscasters, journalists, and media outlets have refused to use the word “Redskins.” Instead, they refer to it as the Washington Football team. As of this summer, the Washington Post announced that in its editorials it will not use the name of the team. As the editorial board put it:

While we wait for the National Football League to catch up with thoughtful opinion and common decency, we have decided that, except when it is essential for clarity or effect, we will no longer use the slur ourselves. That’s the standard we apply to all offensive vocabulary, and the team name unquestionably offends not only many Native Americans but many other Americans, too.


Who wants to keep the name as is?

Advocates of Native American mascots argue that they represent a respectful portrayal of the culture that highlights positive attributes and offers opportunities for cultural education and understanding. Throughout the debate, teams have maintained that their use of American Indian imagery is done with the best intentions of portraying values such as strength, courage, and pride. These portrayals, advocates argue, honor Native Americans and their ancestors, and serve as a respectful tribute to these proud nations.

While many Native American groups have been vocal in their opposition, a recent poll suggested that as much as 90 percent of Native Americans do not find these mascots offensive or harmful. If a majority of American Indians themselves do not have a problem with these mascots, advocates argue, then the mascots are not entirely the offensive, stereotypical caricatures that opponents have portrayed them to be. Additionally, many advocates argue that these mascots provide opportunities for cultural education that benefit Native and non-Native Americans alike.

Many teams, especially at colleges, work closely with local tribes to provide some form of educational tools for fans and visitors to gain an accurate representation of the Native Americans that their mascots portray. Many tribes are opposed to bans on the use of culturally sensitive mascots because these bans would scuttle potential opportunities such as these to create educational bridges to Native American culture and to promote a harmonious inter-cultural working relationship. To this end, some sports teams using American Indian mascots have received the support of local tribes in the interest of maintaining a respectful portrayal of Native American culture. Florida State University receives the support of the Florida Seminole tribe, which has provided input into decisions regarding the University’s mascot and sports ceremonies. In return for their support, the tribe receives numerous scholarships and reduced tuition for its youth seeking higher education. Advocates argue that this relationship is a vision of the positive effects that could result from the continued use of Native American mascots.


Who wants to change the name?

Opponents argue that cultural references such as the term “Redskins” are inherently derogatory and harmful to the way Native and non-Native Americans view American Indian culture. Merriam Webster states the term “Redskin” is “an offensive term and should be avoided;” Native Americans often equate it to racial slurs used against African Americans and Jewish individuals. Additionally, mascots such as the Cleveland Indians’ “Chief Wahoo” are considered racist caricatures that are equally offensive and should be changed in favor of less controversial mascots.

The recent uproar over comments by the NBA’s Donald Sterling has empowered arguments by opponents seeking to root out racial negativity in professional sports. Opponents argue that these mascots promote racial stereotypes that produce harmful psychological and societal effects on Native Americans. The American Psychological Association recently announced its support for the removal of Native American mascots after the publication of numerous reports revealed links between these mascots and a decrease in self-esteem of Native American youth. A 2004 paper published by Dr. Stephanie Fryberg, a cultural and psychological scholar and a registered member of the Tulalip Tribes in Washington State, uses empirical evidence to argue that these Native American mascots have a negative psychological effect on American Indians and a positive psychological effect on European Americans. Dr. Fryberg indicates that these mascots harm the self-confidence and sense of cultural identity of these youth, which could potentially contribute to lower achievement later in life.

Cancelling the trademark on the term “Redskins,” opponents argue, could provide a legal push for the Redskins team to finally change its name and bring professional sports into the standards of equality and anti-discrimination that the federal government expects. Opponents of Native American mascots argue that their concern is not only the way these mascots influence outsiders’ views, but also how Native Americans view themselves.


Conclusion

The Redskins’ battle to keep its name is really starting to look like a losing one. Although the argument has waged on for years, as the the trademark is now null and void, and members of the media rebel against the name, we may be at a turning point. Public pressure is on — it’s up to Dan Snyder to respond.


Resources

Primary

U.S. Congress: HR 1278 Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013

Additional

CNN: Native American Mascots: Pride or Prejudice?

USA Today: 50 Senators Sign Letter Urging Redskins to Change Team Name

ESPN: Time to Rethink Native American Imagery

University of Colorado Denver: Do American Indian Mascots = American Indian People?

Think Progress: Native American Group: Fight Against ‘Redskins’ About More Than Just the Name

ESPN: Tribe Supports Native American Mascots

The New York Times: Amid Rising Discord Over Indian Images, FSU Has Harmony

CBS DC: How Many Native Americans Think “Redskins” is a Slur?

Oregon Live: Two Tribes Call State’s Native American Mascot Ban Disappointing

Washington Post: Lawmakers Offer Bill to Ban ‘Redskins’ Trademark

USA Today: Bill in Congress Challenges Redskins Trademark

HeraldNet: The Debate: Indian Names, Mascots For Sports Teams

 


Joseph Palmisano
Joseph Palmisano is a graduate of The College of New Jersey with a degree in History and Education. He has a background in historical preservation, public education, freelance writing, and business. While currently employed as an insurance underwriter, he maintains an interest in environmental and educational reform. Contact Joseph at staff@LawStreetMedia.com.

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It’s Past Time to Change the Racist Redskins Name. Why Aren’t You Angry? https://legacy.lawstreetmedia.com/blogs/redskins-fans-kind-racist/ https://legacy.lawstreetmedia.com/blogs/redskins-fans-kind-racist/#comments Thu, 12 Jun 2014 14:38:33 +0000 http://lawstreetmedia.wpengine.com/?p=17133

The Washington Redskins is a racist name, simple as that, and it's past time for a change. The team, players, NFL, media, and fans are all complicit in this racism. Why are we comfortable with this disrespect of Native Americans? Trevor Smith makes the case for a name change.

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I’ve had trouble with the Redskins name ever since I was in elementary school. I never understood why the mascot of a professional football team was just a man with some feathers on his head. You would think that if a seven-year-old kid can see the wrong in naming a team “Redskins,” then adults would too. But sadly many of them do not. So to help get my point across, for the rest of this article I will refer to them as the R*dskins.

Daniel Snyder, owner of the R*dskins since 1999, has been pressured to change the name of the team by fans, politicians, and various advocacy groups who feel that the name is derogatory to Native Americans. In May 2013, in response to a question regarding the team’s name, Snyder told USA Today, “We’ll never change the name. It’s that simple. NEVER – you can use caps.”

Seriously?

I get that you’re from Maryland Mr.Snyder, I am too. And I get that you are a die-hard R*dskins fan, though I am not. But can you seriously not see the racism behind the name of your team?

You are literally taking a whole group of people and turning them into caricatures, and when asked to just think about changing the name to something less offensive, your response is always a loud and clear.

Now, my issue with the name of the R*dskins is not just with Daniel Snyder, it goes a lot deeper than that. My issue runs with the players, the fans, the coaches, the media, and the NFL. Any and all these people could take a stand against Snyder and the R*dskins organization and possibly make a change. But who cares about Native Americans right? We only came to their country, took their landkilled their people, and made it ours. Then to rub salt in the wounds we took a stereotypical image of a Native American and made it a mascot alongside the likes of  falcons, jaguars, ravens, bears, rams, and a ton of other animals. Is that what you see Native Americans as, R*dskins fans? Animals?

You should be ashamed

I’ve been having this argument for years and years, and I have heard the same arguments as to why the R*dskins are a nice, genuine, wholesome team who are just misunderstood. I’ve heard the, “It’s been like that for so long, it would be weird to change the name now,” excuse. Well…

Slavery was normal in America for more than 200 years. People thought it would be “weird” if we gave Black people in America the same rights as White people. Laws change, social systems crumble, but universal truths are constant. What is true and right is true and right for all.

So often when I’m having this argument I say, “What if the team was called ‘Washington Blackskins’ with a Black person wearing a do-rag?” The person is often quiet for a very long moment before replying, “It’s not the same.”

How? How is it not the exact same thing? So what is racist for Black people isn’t racist for Native Americans? That in itself sounds racist to me, and whenever someone says that to me I just simply…

spazz out.

What’s funny to me is that most R*dskins fans are Black, and you would think that they would be more sensitive to racial slurs. I am willing to bet all the money in my bank account that if the team were called the “Washington Blackskins,” there would be a march on Washington, Black religious leaders and other Black activist would be holding press conferences, and a social media campaign with a witty hash tag would be in full effect. Since the slur isn’t directed at the Black community, we don’t really seem to care.

whatever right?

To Snyder, the NFL, and all of the team’s fans, the name isn’t racist. They see it as an entity to be proud of. They’ve watched R*dskins “heroes” such as Joe Gibbs, Sean Taylor, Clinton Portis, and many more, give a good chunk of their lives to this organization. Well I’m sorry to be the one to break it to you, R*dskins fans: these guys are not heroes. In fact, they played an essential part in the continuing racism that plagues America today. Also, the original owner of the team, George Marshall, was a loud and proud bigot. He was the last owner in the NFL to integrate his team, and only did so because he was forced to do so by the federal government. “We’ll start signing Negroes, when the Harlem Globetrotters start signing Whites,” Marshall once said. This is the history that makes R*dskins fans proud?

I wish i could roll my eyes further into my head.

Just because you think it isn’t offensive doesn’t mean that it actually isn’t. In fact, many Native Americans do find the name to be incredibly insulting.

  • Oneida Nation has encouraged Americans to lobby the NFL in support of the name change at www.changethemascot.org.
  • A group of Native Americans sued the team back in 2013 arguing against the team’s trademark rights to the name. Trademarks that are deemed racist are illegal under U.S. federal law.
  • The 2,000-man protest at the 1992 Super Bowl consisted of members from various tribes (Chippewa, Sioux, Winnebago, Choctaw).
  •  Hundreds protested at the home stadium in Landover, Md. on Thanksgiving day 2013.
  • The National Congress of American Indians (NCAI) issued a video last year that consists of leaders from seven different tribes calling for the name to be changed, and released a new and even more powerful video showing everything that American Indians are, R*dskin not being one of them.

Thankfully they are not competely alone in their fight to get the R*dskins to change their name. There have been numerous politicians, former athletes, and plain old citizens who have helped in the conflict.

  • President Barack Obama said, “If I were the owner of the team and I knew that there was a name of my team — even if it had a storied history — that was offending a sizable group of people, I’d think about changing it.”
  • DC Mayor Vincent Gray said that if the team wanted to relocate from Maryland to DC they would have to consider changing their name.
  • Fifty senators sent a letter to the NFL (really just Roger Goodell) saying that the NFL needs to change the name.

“The NFL can no longer ignore this and perpetuate the use of this name as anything but what it is: a racial slur,” the letter reads. “We urge the NFL to formally support a name change for the Washington football team…We urge you and the National Football League to send the same clear message as the NBA did: that racism and bigotry have no place in professional sports.”

thank you… its about damn time

Native Americans aren’t cartoons. They aren’t caricatures, or mascots. They are people like you and me, and deserve to be treated with a lot more respect than we have given them over the past hundred years. Their voice may be small in America, but it can still be clearly heard, and as long as one Native American is offended by the word, I think it’s worth discussing what can be done to fix that.

So, I’m going to help out you R*dskins fans a little bit since I don’t hold grudges. Instead of the R*dskins, you could call yourselves the Pigskins! The name still has the same syllables as the original name, it’s a lot less racist, and pigs are super cute and super smart. You could even have RG3 race a pig across the field to start every game or something.

HTTP- Hail To The Pigskins!

That was just a suggestion off the top of my head, you could change it to literally anything and it would probably be better than the R*dskins. Just please for the love of god change that racist name.

Trevor Smith

Featured image courtesy of [Keith Allison via Flickr]

Trevor Smith
Trevor Smith is a homegrown DMVer studying Journalism and Graphic Design at American University. Upon graduating he has hopes to work for the US State Department so that he can travel, learn, and make money at the same time. Contact Trevor at staff@LawStreetMedia.com.

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