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Plaintiffs in Suit Against "Redskins" Logo Receive Expert Support
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Impunity Watch Reporter, North America
WASHINGTON, D.C., United States – In September, a group of Native American plaintiffs sought a writ of certiorari to the Supreme Court to hear their case against the controversial “Redskins” National Football League team and logo. The plaintiffs seek Supreme Court review of a statute of limitations, laches, that the lower court determined barred their suit. The plaintiffs argue that it does not apply in their case, and even if it did there is precedent for overturning the lower court’s decision.
The plaintiffs won support in amicus briefs from renowned research experts in social science fields specializing in stereotyping, prejudice, and discrimination. They also have wide legal support from social justice advocates and child psychologists from top universities around the country. The amicus brief filed includes scholarly evidence that there is an “extensive and pervasive” public harm by the use of Indian mascots in professional sports. The experts also wrote to the Supreme Court that “social science research shows that the use of ethnic slurs like ‘redskin’ perpetuates harmful stereotypes and leads to discrimination.” The plaintiffs liken the derogatory term “redskins” with the use of “niggers” against African Americans.
Further, historians noted that the U.S. government used “redskins” in reference to bounties placed on scalped Indian heads. Psychologists add that Indian mascots damage Native American youth’s self-esteem, feelings of community worth, and limit the aspirations of Native American high school and college students.
The social justice advocate stated in their amicus brief that Indian mascots are regressive because they set back equality in American society. They wrote “either a trademark is disparaging or it is not. And if it is, it should not enjoy the perpetual protections of the United States government.”The National Congress of American Indians and several other Indian advocacy organizations filed a third amicus brief and argued that the Redskins’ trademark is reproachful to all Native American people and should not have become a registered trademark.
The multidisciplinary amicus brief provide ways for the public and the Court to understand the significance of the case. Richard Guest, a legal expert with the Native American Rights Fund stated “it becomes not just a legal argument, but a moral and psychological one, too.”
For more information, please see:
Indian Country Today - Redskins Litigants Win Support from Psychologists, Justice Advocates – 27 October 2009
Indian Country Today - Redskins Litigants Press Supreme Court Action – 23 October 2009
Berlik Law - D.C. Circuit Upholds Redskins Trademark Victory – 18 May 2009
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