The Slants say their goal was not to offend anyone,Stitched Baltimore Ravens Jerseys, but to transform a derisive term about the shape of Asian eyes into a statement of ethnic and cultural pride. The band won a major victory last year when a divided federal appeals court in the District of Columbia ruled the law prohibiting offensive trademarks violates free-speech rights. The Obama administration has asked the Supreme Court to overturn that ruling.
"The First Amendment forbids government regulators to deny registration because they find the speech likely to offend others," Judge Kimberly Moore said for the majority.
"The government doesn't get to withhold a benefit because it disagrees with the content of someone's speech,Jerseys Football Wholesale," said ACLU national legal director Steve Shapiro.
Jeremy Sheff, a professor at St. John's University School of Law who specializes in intellectual property, said the Supreme Court could be interested in the cases because it has been "pretty aggressive" in protecting First Amendment speech — even remarks considered highly offensive.
The American Civil Liberties Union has sided with the Redskins' free-speech claims, even as the group has publicly called on the team to change the name because it is offensive.
The administration argues that the law does not restrict speech because the band is still free to use the name even without trademark protection. The law "simply reflects Congress' judgment that the federal government should not affirmatively promote the use of racial slurs and other disparaging terms by granting the benefits of registration," the government said.
In The Slants case, the U.S. Court of Appeals for the Federal Circuit ruled in December that the First Amendment protects "even hurtful speech that harms members of oft-stigmatized communities."
The team also points out that the government over the years has registered dozens of companies with names that could be considered offensive. Among those: Baked By A Negro bakery products, Midget Man condoms, Dago Swagg clothing and the rock band White Trash Cowboys.
Tam, in a legal brief, says if the court decides to hear the cases together, the justices should do so now rather than waiting for the appeals court to rule in the Redskins case. Otherwise, he says, a future ruling against the Redskins could end up affecting the band's status.
The website says the word Redskin "has a long history of oppression" and "the football team treats the people as mascots." By contrast, The Slants "breaks stereotypes about Asian-Americans, especially in the entertainment industry."
The Redskins have come under increasing pressure in recent years to change the team name. Even President Barack Obama has said he would think about changing it if he owned the team. Owner Dan Snyder has said he'd never change the name and that it "represents honor,Steelers Jerseys On Sale, respect and pride."
Tam does not mention those distinctions in his brief to the court, and he declined to be interviewed.
This story corrects a description of the band's legal argument. The Slants say if the Supreme Court wants to hear the cases together, it should do so now rather than waiting for lower court to rule in Redskins case.
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"The knock on the law is that nobody knows what disparagement means," he said. "That is a concern."
The Redskins,Kanken Bag Sale UK, too, say their team name is meant to honor American Indians. But the team has faced years of legal challenges, and a testy public relations fight,Cheap Shoes Uk, from members of the very group they claim to salute. The Redskins case involves the trademark office's move last year to cancel the team trademark that was first registered in 1967. A federal judge has agreed with that decision.
A federal appeals court in Richmond, Virginia, has not yet considered the team's appeal, but the Redskins are urging the Supreme Court not to wait. If the high court agrees to hear the Slants case, the team wants the justices to hear both disputes at the same time. Such requests to leapfrog lower courts are rarely granted.
WASHINGTON (AP) — Simon Tam has openly criticized the Washington Redskins team name as a racist slur that demeans Native Americans.
Anyone who has visited The Slants' website will find the band members are certainly no fans of the team. One section has a lengthy list of reasons why the cases are different. No. 1 is "unlike REDSKINS, THE SLANTS is not an inherent racial slur."
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