Posted on 08/07/2007 12:57:59 PM PDT by Trust but Verify
LOUISVILLE, Ky. -- A federal appeals court ruled Tuesday that a filly can't be named "Sally Hemings" after Thomas Jefferson's most famous slave and reputed lover.
The 6th Circuit Court of Appeals in Cincinnati ruled that the Jockey Club can legally bar horse owner Garrett Redmond from naming his 4-year-old horse after Hemings.
Judge Alice Batchelder, writing for the three-judge panel, said Redmond has other options that may be approved by the Jockey Club, which forbids horse owners from using names of famous or notorious people without special permission. The club's rules also say that "names considered in poor taste; or names that may be offensive to religious, political or ethnic groups" won't be approved.
"To be sure, the First Amendment protects horse owners' rights to free speech, and we do not foreclose Mr. Redmond indiscriminately from asserting that right, but the right to free speech is not absolute in all contexts," Batchelder wrote.
The Jockey Club is a private organization designated by Kentucky to track and approve names of race horses. Without an approved name, a horse cannot race at a Kentucky track.
The horse, now known as "Awaiting Justice," ran at Churchill Downs on July 1 and at Ellis Park in Henderson on July 25. She did not finish in the top 3 in either race.
In May 2005, Redmond sued the racing authority and the Jockey Club after his request to name the horse for Hemings was denied. Redmond argued that the denial had deprived him of constitutional rights.
U.S. District Senior Judge Karl Forester had sided with the Jockey Club and the Kentucky Horse Racing Authority in dismissing the lawsuit.
Batchelder wrote that because the Jockey Club is a private organization with power delegated by the state, it may restrict free speech so long as it doesn't discriminate against a specific viewpoint.
She also quoted Shakespeare's "What's in a name?" and cited the band America in rejecting Redmond's appeal.
"In short, because he has spent three years insisting he has a constitutional right to name his horse 'Sally Hemings' and that no other name will do, Mr. Redmond now finds himself, like the songster of the 70s, having 'been through the desert on a horse with no name,"' Batchelder wrote.
"If he really wants to race or breed this horse in Kentucky, Mr. Redmond will have to come up with a name that complies with the Jockey Club's rules," Batchelder wrote. "A quick look at the Jockey Club's Registry confirms that 'Horse With No Name' is no longer available."
Hillary has legs like a clydesdale and, no doubt, a mudder
I bet "Hillary" wouldn't get approved either...
The guy wants to name his horse, not his horse's ass...
What say ye?..........................
They don’t let nags in the thoroughbred races.......
Well, I’m thinking I would rename the horse “Judge Alice Batchelder.”
The owner finds there are limits to “free speech.” Then begs the question does the constitution really guarantees us “free speech”? Or guarantees us “limited speech” instead? Is the term “free speech” a misnomer?
LOL!!!!........
if I remember correctly, you can’t name a horse after a living person without their approval—back in the seventies there was a filly named Chris Evert. I don’t know what the problem with Sally Hemings is.
Good Point! I feel sorry for the horse! What kind of a name is “Awaiting Justice”?
Was it a black horse? Maybe it was a white horse.
:P
He must have decided to name the horse after Michael Vick.
There’s a dark horse joke in there somewhere. Some would even say that the judge was niggardly in her understanding of freedom of expression. (I know some congress people haven’t gotten around to looking up the word and forbid it’s use in conversation.)
Subject: FW: Texas politics
Texas Politics
A man walked into a bar in Central Texas, and ordered a drink.
While he was sitting at the bar watching T.V., one of Hillary’s political ads came on.
After it went off, he stood up and announced to everyone, “Hillary is a horse’s ass!”
The bartender reached under the bar and brought out an oak club about 18 inches long and hit the man square across the head, knocking him off his stool and onto the floor.
After a minute or two, the man got up, straightened himself up and said to the bartender, “I’m sorry. I didn’t know this was Hillary country.”
“It’s not!” replied the bartender.” It’s horse country”.
Ouch.
Liberals love scandals, whether they're true or not. IIRC, comparisons of DNA from Sally Hemings' clan proved that they were not Thomas Jefferson's descendants, but in a lineage from a different member of the family. Other historical accounts had Hemmings leaving the Thomas Jefferson home before she reached puberty.
My take is that the big reason this Jefferson/Hemmings story got legs is idiot democrats trying to make everyone look as bad as Clinton.
I thought it was determined that the DNA trace was to “a Jefferson male” (they just couldn’t tell which). Sally herself was the half-sister of Thomas Jefferson’s beloved late wife (his father-in-law having fathered Sally with a slave and her maternal grandfather was a White sea captain), and was 3/4ths White. The claim that TJ might’ve had intimate relations with her given all this is certainly not beyond the realm of likelihood. But do we know 100% ? Nope.
True, there's already a nag named Hillary.
Like it.
Of course it does. He can name his horse anything he wants.
But he cannot force The Jockey Club, a private society, to enroll a horse with that name in their records.
....does anyone have a “Leering J@CK@@$”/Mule.
NO doubt, her mudder was a mudder; her father was a mudder. Oh ya, they like the slop.
It looks like the better headline would be Court agrees Jockey Club can set naming standards for itself.
This guy is going to a lot of trouble and not using his brain. If he wants to honor Sally Hemings, he could name the horse “Sally H” or if he is trying to poke fun at The issue of Thomas Jefferson for having an African lover, he could name the horse “ThomsBabe” or similar.
There is a long tradition of strange names for race horses. Also, some owners like to pull pranks that strain the pronunciational abilities of track announcers. That's one reason there are so many rules governing the naming of horses, such as the number of letters or syllables in the name.
Dan Galbreath had a racehorse named Roberto, after Clemente.
Clydesdales have long, strong, unflabby legs. Take it back, you cur.
True that, Clydesdales are fine strong beautiful creatures worth their weight in gold.
Unlike the old horses ass known as Hillery.
In proportion, Clydesdales have better legs than Betty Grable, I agree.
Drop those onto a Chairman Mao pant suited heifer and they ain't pretty (was my point)
Cur? Varlet, please. But a cur?
"To be sure, the First Amendment protects horse owners' rights to free speech, and we do not foreclose Mr. Redmond indiscriminately from asserting that right, but the right to free speech is not absolute in all contexts," Batchelder wrote.
Badger:
What say ye?
As others have said, Redmond can call his horse anything he wants. But if he wants to race it at a public track, "names that may be offensive to religious, political or ethnic groups" won't be approved.
It's common sense, and common law under our 'fighting words' type codes.
Now, - its your turn, -- what say you?
He should appeal. As a quite literal gatekeeper for the state, they aren’t really a private organization.
I agree with the Club. It’s their club and their right to have the rules for their members. He can call his horse anything he wants, but to race it must have a “club approved” name. (as an aside, many horses have 2 names anyway, one for the papers and one for the owners’ privately. This is not government suppression of “Free Speech” by any s-t-r-e-t-c-h. Coming around the far side, or not....
Since you *can* obtain “special permission” to use names of famous or notorious people do you think if the owner was a black woman they’d not grant such permission? Remember, they’re a literal gatekeeper for the state here and as such should not be allowed the broad rights afforded to truly private organizations.
So you agree he has a "blanket protection" for free speech in his private name for his horse?
It is really extra-Contstitutional as to whether he wants to call his horse this or that. The Constitution is meant to put limits on government, not people........
As others have said, Redmond can call his horse anything he wants. But if he wants to race it at a public track, "names that may be offensive to religious, political or ethnic groups" won't be approved.
It's common sense, and common law under our 'fighting words' type codes.
Since you *can* obtain "special permission" to use names of famous or notorious people do you think if the owner was a black woman they'd not grant such permission?
Other blacks, or political supporters of Jefferson could [probably would] find the name offensive, as Sally is still a controversial political figure.
Remember, they're a literal gatekeeper for the state here and as such should not be allowed the broad rights afforded to truly private organizations.
Correct, the jockey club are gatekeepers for a public event. 'Fighting word' names for racehorses are not a wise mix with gambling/booze.
That is a good point.
One wonders why his reasons, if any, were not included in the article.
Seems a rather foolish waste of time and money to sue the Jockey Club over this.
I once had a pure bred dog, and officially registered him with the AKC name Ludwig Von Budweiser.His “real” name was Bud.
The AKC also reserved the right to deny owner submitted names for official registration, according to their guidelines.
Had they challenged the name, I can’t think of a single reason I would have sued over the situation.
Around that same time, there was a horse named "Shecky Greene", after the comedian of the same name. The owners, of course had his permission (the comedian's, not the horse's.)
So you agree he has a "blanket protection" for free speech in his private name for his horse?
It is really extra-Contstitutional as to whether he wants to call his horse this or that.
You just agreed that to race at a public track, the jockey club could [constitutionally speaking] limit what he 'calls' his horse. - You can't have it both ways.
The Constitution is meant to put limits on government, not people........
All people living in the USA are 'limited' by our supreme "Law of the Land".
As servicemen, we swore an oath to support & defend. ALL of us are so obligated, as per our oath of Citizenship. -- So -- We the People can't run about calling publicly raced horses by names that may be offensive to religious, political or ethnic groups. - Those are 'fighting words' under common law.
How about Camilla..it kind of fits.
Remember her? She used to be known as the next female Supreme Court justice.
How about “Intifada NYC”?
quick, get that horse a TShirt!
No, I didn’t know that.
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