Media & Communications Law

Law prof files FCC complaint over use of NFL team's 'r-word' name

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George Washington University law professor John Banzhaf has filed a complaint with the Federal Communications Commission opposing the renewal of a radio station’s license because of its use of a “racially derogatory word”—the name of Washington’s NFL team.

Banzhaf explained why he filed the complaint in an interview with the GW Hatchet. “Most people I think would agree that a station that repeatedly used the n-word on the air would have their license taken away,” Banzhaf said. “American Indians call it the r-word. Therefore broadcasters shouldn’t be using the term ‘Redskins.’ ”

The radio station, WWXX-FM, is an ESPN affiliate owned by team owner Dan Snyder.

Roll Call’s Technocrat blog asked Banzhaf whether his goal was to bar renewal of the station’s license or to put pressure on Snyder.

“Well I think the both are inextricably interrelated,” Banzhaf said. “If the FCC were to deny a renewal of the license on this basis, I think overnight every other station in the country would stop using the word. Indeed, I think that if the FCC simply holds up the license renewal as it probably will as its rule seems to require it and holds a hearing on these issues, it will likewise inspire or pressure most other stations to make the change. …

“Even if a challenge is ultimately not successful, the minute a challenge is filed, it immediately becomes a sword of Damocles hanging over that station. It can adversely affect the station’s credit rating, it can limit its ability to be sold or transferred or to merge with other stations or broadcasting entities. It can limit the ability of the station to attract new talent. And so, broadcasters take these things very seriously.”

Broadcasting & Cable also has coverage. The FCC petition is here (PDF).

On Wednesday, FCC Chairman Tom Wheeler told B&C/Multichannel News that he personally thinks the team name is “offensive and derogatory.”

When asked if he thought the FCC had a role in advancing a team name change, Wheeler responded: “I think it would be great if the Washington football team would recognize those kinds of changes itself. I hope that this is something that if enough people express themselves, Dan Snyder can see which way things are going.”

Related coverage:

ABAJournal.com: “Washington Redskins team loses trademark registration”

ABAJournal.com: “Federal judge won’t repeat name of Washington NFL team; policy disclosed in a footnote”

Last updated Sept. 11 to include Wheeler’s comments.

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