A group of Native Americans seeking to deny the Redskins trademark protection told the Supreme Court in court filings today they had no problem with the court taking up their case, but only on First Amendment grounds. The federal Trademark Trial & Appeal Board in '15 invalidated the team’s trademarks on the basis that the term Redskins is a slur, a decision upheld by a lower federal district court.
The team appealed that decision to the Court of Appeal for the Fourth Circuit, but then asked the Supreme Court to step in before the circuit had ruled. The team did this because a similar case over a rock band called the Slants is on appeal to the Supreme Court, and the club wants the similar cases decided together.
The filing today marks the first time Native Americans have said whether they agree the Fourth Circuit should be bypassed. The group agreed that the Supreme Court should decide whether the trademark invalidation violates the team’s First Amendment protections, but only on that basis. The filing is also the first since the Washington Post in May issued a poll finding 90% of Native Americans are not offended by the term Redskins. The filing makes no mention of that, but reiterates the contention the name is a slur.
