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Court: Man can't name filly 'Sally Hemings'
ESPN ^ | August 7, 2007 | Associated Press

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."


TOPICS: Extended News; Miscellaneous; US: Kentucky; Unclassified
KEYWORDS: court; filly; jockeyclub; princessofwales; ruling; sallyhemings; thomasjefferson
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I find it interesting that this guy went to so much trouble to try to name the horse Sally Hemings!
1 posted on 08/07/2007 12:58:07 PM PDT by Trust but Verify
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To: Trust but Verify
I bet "Hillary" wouldn't get approved either...


2 posted on 08/07/2007 1:01:44 PM PDT by darkwing104 (Let's get dangerous)
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To: darkwing104
I bet "Hillary" wouldn't get approved either...

Hillary has legs like a clydesdale and, no doubt, a mudder

3 posted on 08/07/2007 1:03:49 PM PDT by llevrok (I voted for George Bush - not Jorge Arbusto.)
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To: darkwing104
I bet "Hillary" wouldn't get approved either...

The guy wants to name his horse, not his horse's ass...

4 posted on 08/07/2007 1:04:18 PM PDT by snarks_when_bored
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To: tpaine
"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.

What say ye?..........................

5 posted on 08/07/2007 1:04:22 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: llevrok
She’s also rumored to have breasts.
6 posted on 08/07/2007 1:05:07 PM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: darkwing104

They don’t let nags in the thoroughbred races.......


7 posted on 08/07/2007 1:05:14 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: Red Badger

Well, I’m thinking I would rename the horse “Judge Alice Batchelder.”


8 posted on 08/07/2007 1:05:53 PM PDT by Lee'sGhost (Crom! Non-Sequitur = Pee Wee Herman.)
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To: Trust but Verify
Didn’t Thomas Jefferson have a pet name for her that the horse owner could use?
9 posted on 08/07/2007 1:06:17 PM PDT by Dixie Yooper (Ephesians 6:11)
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To: Trust but Verify

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?


10 posted on 08/07/2007 1:06:59 PM PDT by lilylangtree (Veni, Vidi, Vici)
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To: Lee'sGhost

LOL!!!!........


11 posted on 08/07/2007 1:07:19 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: darkwing104

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.


12 posted on 08/07/2007 1:07:58 PM PDT by kms61
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To: Dixie Yooper

Good Point! I feel sorry for the horse! What kind of a name is “Awaiting Justice”?


13 posted on 08/07/2007 1:08:37 PM PDT by Trust but Verify
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To: Eric in the Ozarks
She’s also rumored to have breasts.

She has at least three nipples. Otherwise her imps would starve.
14 posted on 08/07/2007 1:09:48 PM PDT by Jaysun (It's outlandishly inappropriate to suggest that I'm wrong.)
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To: Trust but Verify

Was it a black horse? Maybe it was a white horse.

:P


15 posted on 08/07/2007 1:10:35 PM PDT by PinkDolphin (To enjoy the flavor of life, take big bites; moderation is for monks....Heinlein)
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To: Trust but Verify
He should change the name to “Sal E. Hemmings” and be done with it.
16 posted on 08/07/2007 1:11:14 PM PDT by Jaysun (It's outlandishly inappropriate to suggest that I'm wrong.)
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To: Trust but Verify
What kind of a name is “Awaiting Justice”?

He must have decided to name the horse after Michael Vick.

17 posted on 08/07/2007 1:11:44 PM PDT by Dixie Yooper (Ephesians 6:11)
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To: PinkDolphin

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.)


18 posted on 08/07/2007 1:16:58 PM PDT by Steamburg (Your wallet speaks the only language most politicians understand.)
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To: snarks_when_bored

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”.


19 posted on 08/07/2007 1:18:02 PM PDT by Arrowhead1952 (The measure of a country is not how many people are wanting to come in, but how many want to leave.)
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To: Trust but Verify
"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.

Ouch.

20 posted on 08/07/2007 1:19:27 PM PDT by Logophile
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To: Trust but Verify
named "Sally Hemings" after Thomas Jefferson's most famous slave and reputed lover.

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.

21 posted on 08/07/2007 1:20:16 PM PDT by expat_panama
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To: expat_panama

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.


22 posted on 08/07/2007 1:33:47 PM PDT by fieldmarshaldj (~~~Jihad Fever -- Catch It !~~~ (Backup tag: "Live Fred or Die"))
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To: darkwing104
I bet "Hillary" wouldn't get approved either...

True, there's already a nag named Hillary.

23 posted on 08/07/2007 1:38:30 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Arrowhead1952

Like it.


24 posted on 08/07/2007 1:39:01 PM PDT by snarks_when_bored
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To: lilylangtree
The owner finds there are limits to “free speech.” Then begs the question does the constitution really guarantees us “free speech”?

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.

25 posted on 08/07/2007 1:56:07 PM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Moonman62

....does anyone have a “Leering J@CK@@$”/Mule.


26 posted on 08/07/2007 2:12:50 PM PDT by skinkinthegrass (just b/c your paranoid, doesn't mean they're NOT out to get you....run, Fred, run. :^)
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To: llevrok

NO doubt, her mudder was a mudder; her father was a mudder. Oh ya, they like the slop.


27 posted on 08/07/2007 2:18:52 PM PDT by Bruinator
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To: Trust but Verify

It looks like the better headline would be Court agrees Jockey Club can set naming standards for itself.


28 posted on 08/07/2007 2:21:23 PM PDT by Tribune7 (Michael Moore bought Haliburton)
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To: Trust but Verify

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.


29 posted on 08/07/2007 2:25:05 PM PDT by Michael.SF. ("The military Mission has long since been accomplished" -- Harry Reid, April 23, 2007)
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To: Trust but Verify
What kind of a name is “Awaiting Justice”?

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.

30 posted on 08/07/2007 2:26:52 PM PDT by Bonaparte
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To: Trust but Verify

Dan Galbreath had a racehorse named Roberto, after Clemente.


31 posted on 08/07/2007 3:06:07 PM PDT by TBP
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To: llevrok

Clydesdales have long, strong, unflabby legs. Take it back, you cur.


32 posted on 08/07/2007 3:09:03 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Scotsman will be Free

True that, Clydesdales are fine strong beautiful creatures worth their weight in gold.
Unlike the old horses ass known as Hillery.


33 posted on 08/07/2007 3:13:17 PM PDT by Joe Boucher (An enemy of Islam)
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To: Scotsman will be Free
Clydesdales have long, strong, unflabby legs

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?

34 posted on 08/07/2007 3:19:38 PM PDT by llevrok (I voted for George Bush - not Jorge Arbusto.)
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To: Red Badger
The Jockey Club, -- 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.

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?

35 posted on 08/07/2007 3:21:39 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: All; Trust but Verify
I found this older Op-Ed on why this judge should replace Justice O'Conner on SCOTUS: A Judge Bush Should Get To Know
36 posted on 08/07/2007 3:34:14 PM PDT by newzjunkey
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To: Trust but Verify

He should appeal. As a quite literal gatekeeper for the state, they aren’t really a private organization.


37 posted on 08/07/2007 3:38:23 PM PDT by newzjunkey
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To: tpaine

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....


38 posted on 08/07/2007 3:40:51 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: tpaine

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.


39 posted on 08/07/2007 3:45:32 PM PDT by newzjunkey
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To: Red Badger
"-- He can call his horse anything he wants, --"

So you agree he has a "blanket protection" for free speech in his private name for his horse?

40 posted on 08/07/2007 3:49:30 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine

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........


41 posted on 08/07/2007 3:51:42 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: newzjunkey
The Jockey Club, -- forbids horse owners from using names of famous or notorious people without special permission.

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.

42 posted on 08/07/2007 4:10:28 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: Trust but Verify

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.


43 posted on 08/07/2007 4:26:16 PM PDT by sarasmom (Hunter-Thompson 2008 . It satisfies the senses on multidimensional levels .)
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To: kms61
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

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.)

44 posted on 08/07/2007 4:30:19 PM PDT by GreenHornet
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To: Red Badger
Red Badger
"-- He can call his horse anything he wants, --"

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.

45 posted on 08/07/2007 4:39:07 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: Trust but Verify

How about Camilla..it kind of fits.


46 posted on 08/07/2007 4:53:29 PM PDT by The Great RJ ("Mir we bleiwen wat mir sin" or "We want to remain what we are." ..Luxembourg motto)
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To: Lee'sGhost

Remember her? She used to be known as the next female Supreme Court justice.


47 posted on 08/07/2007 4:55:59 PM PDT by TxCopper
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; KlueLass; ...

How about “Intifada NYC”?


48 posted on 08/07/2007 5:02:08 PM PDT by SunkenCiv (Profile updated Tuesday, August 7, 2007. https://secure.freerepublic.com/donate/)
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To: SunkenCiv
How about “Intifada NYC”?

quick, get that horse a TShirt!

49 posted on 08/07/2007 5:47:32 PM PDT by Fred Nerks (Fair dinkum!)
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To: TxCopper

No, I didn’t know that.


50 posted on 08/07/2007 6:41:02 PM PDT by Lee'sGhost (Crom! Non-Sequitur = Pee Wee Herman.)
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