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Redskins litigants win support from psychologists, justice advocates

By Rob Capriccioso

WASHINGTON – Native American plaintiffs suing to end the trademark of the controversial Redskins National Football League team have gained new support from legal experts, social justice advocates and child psychologists.

One notable amicus brief to the plaintiffs’ September U.S. Supreme Court petition was filed in mid-October by a group of renowned researchers in the social sciences fields, including experts in the areas of stereotyping, prejudice and discrimination.

Based on scholarly evidence, the experts told the court there is “extensive and pervasive” public harm caused by the continued use of Indian mascots in professional sports.

“Social science research shows that the use of ethnic slurs like ‘redskin’ perpetuates harmful stereotypes and leads to discrimination,” the authors of the brief wrote.

Many of the researchers work at the top universities in the country.

Tribal citizens have long noted that the “redskins” term has historically been used as a derogatory reference to American Indians, in a similar way that the word “nigger” has been wrongly used toward blacks.

Historically, the word “redskins” was also used by the U.S. government as a way to refer to bounties it placed on scalped Indian heads, according to historians and legal experts.

The psychology scholars added that the affects of American Indian sports mascots are especially harmful to Native youth, tending to lower the self-esteem of Indian children and young adults.

Along those lines, they cited studies showing that exposure to Indian sports mascots depress the self-esteem and feelings of community worth and limit the aspirations of Native high school and college students.

The psychologists’ arguments weren’t the only new unique avenue of support.

A group of social justice advocacy experts also added an amicus brief in mid-October that said the Redskins trademark sets back progress and equality in American society.

“The social justice interests involved in this case go far beyond Native Americans. 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.”

They went on to make the case that the Redskins trademark is disparaging, and they noted, too, that numerous schools and other groups have removed offensive Native American team names in recent years.

A third amicus brief filed in October came from the National Congress of American Indians and several other Indian advocacy organizations.

The group said the Redskins’ trademark is disparaging not only to petitioners individually, but to all Native American people and should never have been registered.

All the support stems from a September legal petition filed by a group of Native Americans who asked the U.S. Supreme Court to hear their case calling for an end to the trademark of the Redskins team name and logo.

The petition requested that the high court review a lower court decision that sided against the Native Americans based on a statute of limitations-based legal concept known as laches – which the petition asserts is not applicable in this case.

It argued, too, that there is precedent for overturning the lower court’s statute of limitations-based decision, including a Third Circuit decision made by Samuel A. Alito, a current justice on the high court.

While laches makes for an interesting legal argument for lawyers and judges to ponder, it doesn’t necessarily resound on an emotional level, some legal experts have said.

The amicus briefs help fill that gap.

Richard Guest, a legal expert with the Native American Rights Fund, said the multi-pronged support briefs create more ways for the public to understand the arguments of the Indian plaintiffs.

“It becomes not just a legal argument, but a moral and psychological one, too.”

Philip Mause, a lawyer for the plaintiffs, said the briefs are persuasive.

“The psychology professors’ brief goes into an issue that we are learning more and more about: The harm to young American Indians involving mascots,” said Mause, a partner at Drinker Biddle & Reath in D.C.

“It’s new information and an important new development. It’s very helpful.”

He said all the briefs add to the debate and help strengthen the plaintiffs’ case.

Still, Mause noted, the Supreme Court chooses to hear very few cases, so it’s an “uphill battle.”

In a reply brief to the plaintiffs’ petition to the high court, the Redskins lawyers argued that laches is applicable.

Wednesday, Nov 11 at 2:34 AM Shoshone-Bologna wrote ...

Kathy Morning Star, director of the American Indian Cultural Support, states: “It is the responsibility of educators to set the example and teach the youth of today to respect other ethnic or minority peoples - NOT to exploit or disrespect them by using them as 'mascots' or stereotypical 'images' which perpetuates racism."

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Tuesday, Nov 3 at 7:52 AM J HESS wrote ...

THE TERM "RESERVATION" SHOULD BE BANNED,LET US BEGIN TO CALL THEM TOWNS, COMMUNITIES. THE "REZ" WORD IS A STERO TYPE.

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Monday, Nov 2 at 4:44 PM oceanturtles wrote ...

It is clear that from all of the differing opinions and sources of them, that if nothing else, people of all colors have the right to speak out on whatever issue they choose to. What i disagree with are the commentators who want to tell others what their concerns SHOULD be, instead of sharing a thoughtful and new perspective to the discussion.

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Monday, Nov 2 at 12:57 AM SonDevil wrote ...

Went to the "Thunder and Lightening" Pow Wow on Morongo Indian reservation at the end of September. Not only were several Washington Redskins t-shirts and baseball caps visibly worn by Indians, but there was a vendor selling "Skins" t-shirts, sweatshirts and ball caps. In my experience most full bloods, and many half-breeds, do not have an issue with these mascots. It's only the 1/4 breeds, and those of lesser blood, that are trying to "find" themselves that are dictating what is offensive.

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Wednesday, Oct 28 at 12:38 PM Tell the Truth & Shame the Devil wrote ...

After reading these comments, it is abundantly clear that some Skins are HATERS…of Black people! Guess what? That is exactly what the white power base wants us to do…to create and maintain HATE, JEALOUSY and STRIFE! Get a clue, our real grievances are not with other people of colour it’s with the dominate power based that continues to oppress and manipulate the masses. Some Skins are just too STUPID to get it! Regardless of the outcome the campaign of genocide will continue.

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Wednesday, Oct 28 at 11:49 AM James wrote ...

Two-cents (Maybe that should be my new Indian name as that seems my finances). I commented when politicos and pundits were getting off on saying, "Well, [he/she] went 'off the reservation'." That seems to have slowed and no one dared say that Obama had run off the plantation. Redskin is a derogatory word used by non-Indians as a derisive term no matter how they use it. Bottom line.

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Wednesday, Oct 28 at 10:12 AM youknowwho wrote ...

all my heroes have always killed cowboys,,,,

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Wednesday, Oct 28 at 9:59 AM HogWild wrote ...

From Ohkay Owingeh, NM, me and my family love the Redskins, I went to Santa Fe Indian School home of the BRAVES, If anything I see these mascot names as something Indians should be proud of, and some are these names represent the people whom have endured so much and yet are thriving maybe not as we would like $ or landwise but as long as we maintain our culture. This year, I only hope the Redskins can beat the Cowboys! There are far more pressing issues in Indian Country to war cry.

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Wednesday, Oct 28 at 9:31 AM rezrat wrote ...

yup,,,just name a team the black skins then all the white people paint their faces black with big white lips at all the games,then see what happens, i would see this storie on CNN not on my computer after i had to look it up,oh,, and wave big chickin legs and water melons in the air too,and yell hup ba who ba,ho wha,,then see what happens,,,

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Wednesday, Oct 28 at 9:03 AM kinajin wrote ...

I'm too busy teaching on a rez, harjo, giago, trimble, cook can play indian if they want to

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Tuesday, Oct 27 at 10:54 PM Who Cares? wrote ...

the plaintiff attys scpahmite attys seeking legal fees I guess-I'm from a remote res and I don't get WHAT these city injuns are crying about. How can you dignify this argument? I'm shocked some injuns are upset about this. I agree harjo-the scary one-tackle the Const and leave the 'hawgs alone! Why waste time on this anyway? I hope the 'skins prevail and harjo and this group of bored natives have to pay atty fees to NFL!

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Tuesday, Oct 27 at 8:30 PM Tell the Truth & Shame the Devil wrote ...

This entire suit is a bad joke gone awry! If those litigants (Harjo and company) are so aggrieved by the negative and discriminatory words then why are they not picking a fight with the United Snakes of America…contained within the Declaration of Independence the words “merciless Indian Savages” Those words is far more egregious than “Redskin” Why is Harjo only opting to fight with an NFL team as opposed to the Grand Poobah? Could it be that Harjo is a publicity seeking narcissist?

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Tuesday, Oct 27 at 6:45 PM halfbreed wrote ...

i like the indian head on the logo myself.it makes me proud that after they almost exterminated us,they use are likeness for a wide range of products

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Tuesday, Oct 27 at 6:21 PM changethename wrote ...

Why not call them the Washington ******s? Excuse my language.. if you were black and heard this, how would you feel? Thats how I feel when I hear 'Washington Redskins' The name should be changed. White people don't get to choose whether it is offensive or not, if the people the slogan is partaining to are offended, then it is.

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Tuesday, Oct 27 at 3:40 PM TuRtle wrote ...

Lets just dance at our pow wows in black face! It would be the same blatant disregard for respect. We are better people than that. People just need to hear it in different terms sometimes so they can relate.

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Tuesday, Oct 27 at 2:23 PM stilldezzin wrote ...

The term is repugnant, as is "native american". We are not american. We have lived here for thousands of years before whites invaded and named it "america". THEY are americans. We are not. And the term "native" is a pejorative term used by them worldwide to keep us down. NO THANKS. Call me Indigenous, Aboriginal, Indian, or by tribal affiliations. I regard "native american" as a racist insult.

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Tuesday, Oct 27 at 1:35 PM DublinMick wrote ...

If they wanted to scare somebody they could name them syphilitic Jesuit missionaries! http://wwwcampfire.blogspot.com/2009/09/native-american-voices_16.html

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Tuesday, Oct 27 at 1:16 PM Triniti Braided Blood wrote ...

Well, then we'll go on to the Cleveland Indians and all the other mascots. Personally, I don't care. I'm more concerned with the rates of teen pregnancy and substance abuse in our communities than some name and mascot.

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Tuesday, Oct 27 at 1:07 PM SkinWalker wrote ...

Killing human beings goes way beyond Bioenffection,black powder,treaty smoke mirror,education demonization this is america's SPORT science melting the global pot.

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Tuesday, Oct 27 at 1:01 PM Sho-Boy wrote ...

Bout time, there still ain;t WHITESKINS or BLACKSKINS teams...this 1 is a pure no brainer. Ban the "skins" till they change their name.

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Tuesday, Oct 27 at 10:49 AM rezzie wrote ...

Keep sports and politics separate.

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