Democratic Blogger Ben Tribbett Hired by The Washington Redskins

“Redskins” Trademarks Axed,
Ruling Also Threatens Broadcasters

Prime Time Use of Word On Air
Could Violate Federal Law – FCC Officials

WASHINGTON,
D.C. (June 18, 2014): The U.S. Patent and Trademark office has
cancelled all of the “Redskins” trademark registrations, a move which
not only pressures the team to change its name, but will also make it
easier for former commissioners of the Federal Communications Commission
[FCC] to use federal broadcast law to attack the continued use of the
team’s disparaging name.

“Although this is a major
victory for those fighting the continued use of the racist ‘Redskins’
name, it is by no means conclusive, since a similar cancellation of
trademarks by the Trademark Office also occurred in 1999, only to be
reversed ten years later after a long court battle,” notes public
interest law professor John Banzhaf. That’s why it’s so important to
move forward with legal actions aimed at preventing the continued use of
the racist word on the air, especially during prime time when so many
children are exposed to it.

Recently, the Washington
Post called an approach to the “Redskins” problem which utilized federal
broadcasting law one which is “potentially more significant than any
lawsuit or legislation” because it makes use of the legal obligations
which TV and radio stations must meet to retain their broadcasting
licenses.

By law, stations and their programming must
serve the “public interest, convenience, and necessity.” Also, between 6
AM and 10 PM, radio and TV stations may not use profane language,
“including language so grossly offensive to members of the public who
actually hear it as to amount to a nuisance.” Thus a finding by another
federal agency that the word “may disparage” individuals or groups or
“bring them into contempt or disrepute” strengthens this argument, says
Banzhaf.

Stations found by the FCC to be in violation
may be fined, or find that their very valuable license to broadcast on a
given frequency may not be renewed.

In a letter,
former FCC Chairman Reed Hundt and many other former FCC commissioners
and staffers termed the R-word an “unequivocal racial slur” akin to the
N-word.

They liken the use of “Redskins” to an
“obscenity” which is illegal on the airwaves, rather than simply an
“indecency” which, like profanity, cannot be broadcast between 6 AM and
10 PM.

That letter also likened the use of the term to
“obscene pornographic language on live television.” Hundt also wrote
in a related editorial that: “As chairman of the FCC, I prosecuted a
case against Howard Stern for violating indecency rules.”

If the FCC does not act on its own, it could be prodded or even
required by law to become involved in the dispute, says Banzhaf.

Banzhaf, the “Man Behind the Ban on Cigarette Commercials,” was
the first to suggest using federal broadcasting law as a powerful
weapon against the unnecessary use of the word “Redskins” on the air,
and is working towards formulating a legal challenge under broadcast
law.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ @profbanzhaf

yay Ben. though sorry to see NLS end