Simon Moya-Smith: NFL team must eliminate racist mascot too

Tuesday, March 24, 2015  

A sign at the Lancaster School Board meeting. March 16, 2015. Photo by Danny Spewak / WGRZ / Twitter

Simon Moya-Smith urges the Washington NFL team to join public schools and get rid of its racist mascot:

Many have made the argument that Native Americans like me are trampling on the First Amendment when we call for the Washington football team to change its name.

Even the ACLU has chimed in on the matter. On March 6, the organization said in a blog it does not support the U.S. Patent and Trademark Office's decision to cancel federal trademark protection of the Washington football team's use of the word "redskins." In June of last year, the USPTO had repealed six of the team's seven trademarks, finding the r-word is "disparaging to Native Americans."

Although the ACLU agrees the team name is "offensive and perpetuates racism against Native Americans," it cannot support what it refers to as language policing. "... Because the First Amendment protects against government interference in private speech," staff attorney Esha Bhandari wrote. "It isn't government's role to pick and choose which viewpoints are acceptable and which are not."

Here's the thing, folks -- no one has a First Amendment right to federal trademark protection.

Tara Houska, a tribal rights attorney in Washington, said, "Freedom of speech is a fundamental right. In contrast, federal trademark protection is a privilege that one applies for at the U.S. Patent and Trademark Office."

I think the ACLU is confusing rights with privileges.

Get the Story:
Simon Moya-Smith: The one word that schools are dropping (CNN 3/24)

Related Stories:
Amanda Blackhorse: Dehumanization of our people continues (3/23)
Public school board in New York says goodbye to racist mascot (03/17)
Gabe Galanda: Shame on ACLU for defending racist NFL mascot (03/09)
Deadspin: Fake Indian rides to defense of racist school mascot (03/06)
Editorial: Mascot reflects history of violence and discrimination (03/04)
Jacqueline Keeler: NFL perpetuates violence against our women (02/09)
Opinion: Inside the NFL's playbook for defending a racist mascot (02/02)
James Giago Davies: Washington team insults the first Americans (01/23)
Civil rights group calls for elimination of NFL team's racist name (01/19)
DOJ backs Native activists in battle over racist NFL trademarks (01/09)
Opinion: A solution for the Washington NFL team's racist mascot (12/22)
Column: Owner is the real 'obstacle' with Washington NFL team (12/15)
Cherokee Nation upset by link to Washington team's foundation (12/02)
Judge allows NFL team lawsuit against young Native activists (11/26)
Survey shows most Americans wouldn't use R-word in person (11/20)
Mascot fight reaches back generations at Little Earth complex (11/14)
Suzan Shown Harjo to receive Presidential Medal of Freedom (11/11)
Kevin Leecy: The truth about our history will set Americans free (11/03)
Minnesota Tribes: United in campaign against racist NFL mascot (11/03)
Kevin Gover: Mascot fight exposes myths about Native people (10/30)
Erma Vizenor: Join tribes for protest at NFL game in Minnesota (10/28)
Gregg Deal: People don't want the truth about being indigenous (10/27)