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No, the FCC may not ban the use of “Redskins” on radio and television
The Volokh Conspiracy ^ | October 1, 2014 | Eugene Volokh

Posted on 10/01/2014 9:42:51 PM PDT by right-wing agnostic

Prof. John Banzhaf has filed a petition asking the FCC to revoke the broadcast license of stations that use the word “Redskins.” Some “longtime participants in the FCC regulatory process” — including former FCC chair Reed Hundt — have likewise argued that,

It is impermissible under law that the FCC would condone, or that broadcasters would use, obscene pornographic language on live television. This medium uses government owned airwaves in exchange for an understanding that it will promote the public interest. Similarly, it is inappropriate for broadcasters to use racial epithets as part of normal, everyday reporting.

Current FCC chair Tim Wheeler has recently said (here I quote CNBC that,

We’ll be looking at that [Banzhaf] petition, we will be dealing with that issue on the merits and we’ll be responding accordingly….

There are a lot of names and descriptions that were used over time that are inappropriate today. And I think the name that is attributed to the Washington football club is one of those.

But whether or not “Redskins” is “inappropriate,” racist, or insulting, I think the FCC is barred by the First Amendment from forbidding it, or from considering its use as a factor in deciding whether to cancel a broadcast license. In the controversial FCC v. Pacifica Foundation decision (which both Justice Thomas and Justice Ginsburg have recently argued should be overturned), the Court did uphold a restriction on particular vulgarities (the famous “seven dirty words”). But the premise of the lead opinion was that those words were not being restricted because of the opinions or ideas that they supposedly convey:

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Society; Sports; TV/Movies
KEYWORDS: academicbias; censorship; fcc; freespeech; johnbanzhaf; redskins; revisionisthistory
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1 posted on 10/01/2014 9:42:51 PM PDT by right-wing agnostic
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To: right-wing agnostic

I saw Banzhaf on the tube today. A real retard, IMHO.


2 posted on 10/01/2014 9:46:00 PM PDT by FlingWingFlyer (Stop flooding our schools with unaccompanied illegal aliens. Do it for the children!)
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To: right-wing agnostic
The owner of the Redskins really should change it to the Fightin' Whities just to REALLY get under the skin of these collectivist nutjobs.


3 posted on 10/01/2014 9:47:58 PM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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To: right-wing agnostic

But we’re in the age of Obama now, rules, laws, constitutions mean nothing.


4 posted on 10/01/2014 9:50:30 PM PDT by Cubs Fan (Where we're headed is worse than mere socialism http://en.metapedia.org/wiki/Anarcho-tyranny)
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To: right-wing agnostic

I have wondered why, all of a sudden, it’s become a liberal cause celebre to try to force the Redskins to change their name.

How do liberals decide what their causes are?

And, is this an orchestrated campaign? We’ve seen politicians, all Democrats I believe, weigh in. We’ve seen some news organizations and commentators weigh in. Some of them have said they will not use the name “Redskins” in their sports coverage or commentary.

And now the FCC is considering banning the word “Redskins”??

Why are they doing a full court press against Redskins and not other Indian team nicknames? Or will they go after the Braves, Blackhawks, Indians, Chiefs, etc. if they can force the Redskins to change their name????


5 posted on 10/01/2014 10:01:25 PM PDT by Dilbert San Diego (s)
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To: Dilbert San Diego

Should Sioux City change its name? Oklahoma? the Dakota’s?

Where does it stop?


6 posted on 10/01/2014 10:04:24 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Dilbert San Diego

Also, forgot to mention the recent action against the Redskins regarding their trademark or copyright on the use of their team name. That too, in conjunction with all these other actions, reeks of an orchestrated campaign, by liberals behind the scenes, to force a name change.

Death by a thousand cuts? Pushing against the Redskins on many fronts all at once????


7 posted on 10/01/2014 10:04:34 PM PDT by Dilbert San Diego (s)
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To: GeronL

It stops only if there is pushback. Otherwise liberals will move on to force other teams to change their names.

Regarding place names, there are so many Indian names of cities, towns, states. Will liberals then go after them? How crazy can these liberals be?

And why is the issue of Indian nicknames such a high priority for liberals? With so much happening in the world, and considering that many liberals aren’t even sports fans, why in the sam hill do they care about the nickname of a team in a sport they don’t even care about????


8 posted on 10/01/2014 10:06:56 PM PDT by Dilbert San Diego (s)
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To: Dilbert San Diego
Why are they doing a full court press against Redskins and not other Indian team nicknames? Or will they go after the Braves, Blackhawks, Indians, Chiefs, etc. if they can force the Redskins to change their name????

They have been for decades...

It's how you get team names like this one:

http://www.sportinglifearkansas.com/wp-content/uploads/2014/04/2014-UAM-Boll-Weevils-football-schedule-wallpaper.jpg

9 posted on 10/01/2014 10:08:20 PM PDT by Cold Heat (Have you reached your breaking point yet? If not now....then when?)
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To: Dilbert San Diego

Maybe they are guilty white libs fighting for the black guys... there are the Vikings and the Redskins but there isn’t any team named after the Zulus, Tutsis or whatever.


10 posted on 10/01/2014 10:12:56 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: right-wing agnostic

11 posted on 10/01/2014 10:15:16 PM PDT by smoothsailing
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To: Dilbert San Diego

The libs long for a Utopia. They believe American natives lived in Utopian balance with nature until the evil white men came! Think Adam and Eve...they long for the very garden while sneering that the Bible is a fairy tale!


12 posted on 10/01/2014 11:18:32 PM PDT by mdmathis6
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To: Dilbert San Diego
It stops only if there is pushback. Otherwise liberals will move on to force other teams to change their names.

Go Padres!

Or is that too Christian for liberals these days?

-PJ

13 posted on 10/01/2014 11:21:34 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Dilbert San Diego

Change the name to the Washington Gangsters or gangstas


14 posted on 10/01/2014 11:29:08 PM PDT by Nailbiter
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To: Jack Hydrazine

why not fighting rednecks? or the fighting peckerwwods?


15 posted on 10/01/2014 11:35:11 PM PDT by KingNo155
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To: Dilbert San Diego

they are doing this because they know they are loosing on every front ... its a hail mary pass to try and win a loosing game cause they have no new ideas and nothing to offer its a ruse to stay in power thats all!!


16 posted on 10/01/2014 11:38:19 PM PDT by KingNo155
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To: mdmathis6
They believe American natives lived in Utopian balance with nature until the evil white men came!

Sure they did - if you ignore twenty-thousand years of inter-tribal warfare, no medical care to speak of, no written language, they didn't even have the wheel.

Although the Anasazi were pretty advanced as far as timekeeping and calendar science.

17 posted on 10/02/2014 12:44:42 AM PDT by Rummyfan (Iraq: it's not about Iraq anymore, it's about the USA!)
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To: Rummyfan

“Although the Anasazi were pretty advanced as far as timekeeping and calendar science.”

I was vacationing in Santa Fe (home of the liberal homage to Native Americans) the day it was revealed that the Ansazi were extensively cannibalistic. It was chaos. Then came denial. Then aversion.

They were called “savages” for a reason.


18 posted on 10/02/2014 12:49:27 AM PDT by anton
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To: right-wing agnostic

Liberals can’t win on the merits, so they have to get the FCC involved to issue blanket threats to broadcasters. “Redskins” has become the latest four-letter word to the average small minded Obama Drone.


19 posted on 10/02/2014 1:06:19 AM PDT by BigSkyFreeper (You have entered an invalid birthday)
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To: BigSkyFreeper

Redskin.......the “r” word. Our country is just ridiculous now, so sad where we are. 1/2 the country is amazing idiots.


20 posted on 10/02/2014 1:14:48 AM PDT by In God I trust
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