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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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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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