[Congressional Record Volume 160, Number 133 (Wednesday, September 17, 2014)]
[Extensions of Remarks]
[Pages E1436-E1437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WASHINGTON ``REDSKINS'' DEBATE: YOU CAN USE CAPS, CHANGE WILL PREVAIL

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                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                     Wednesday, September 17, 2014

  Mr. FALEOMAVAEGA. Mr. Speaker, in an ignorant display of defiance, 
NFL owner Dan Snyder vowed to continue his racist use of the offensive 
term ``redskins'' for his Washington team when he stated, ``We'll never 
change the name. NEVER--you can use caps.''
  For historical purposes and in response to Mr. Snyder's unceasing, 
racist rants which disrespect Native Americans across this land who 
oppose the use of this derogatory term, I rise today to share with my 
colleagues and submit an editorial I recently co-authored with Suzan 
Harjo, a noted Native American rights advocate, entitled ``Change Will 
Prevail''.

                     [From The Hill, Sept. 9, 2014]

                          Change Will Prevail

            (By Eni F.H. Faleomavaega and Suzan Shown Harjo)

       In 1933 George Preston Marshall renamed his team the 
     Washington Redskins, previously known as the Washington 
     Braves, to avoid confusion with the Boston Braves. He did not 
     seek federal trademark protection for the name until 1967, 
     when students were trying to rid Oklahoma, Dartmouth, 
     Stanford and other schools of their race-based stereotypes 
     and were using the example of the Washington team name as the 
     worst in the country. The United States Patent and Trademark 
     Office (USPTO) wrongly granted him and later owners six 
     trademark licenses for this racial slur.
       Some suggest this action was in violation of the Trademark 
     Act of 1946, or the Lanham Act, which directs the USPTO to 
     refuse to register trademarks that ``may disparage . . . 
     persons, living or dead, institutions, beliefs, or national 
     symbols, or bring them into contempt, or disrepute.'' In 1999 
     and again this year, the USPTO's trademark judges canceled 
     the existing federal trademarks, pending appeal, and its 
     examining attorneys have denied a dozen requests for new 
     trademarks.
       While pundits on both sides of the argument dispute its 
     origins, the term ``redskins'' is reminiscent of colonial 
     times when, by governmental decree, Native Americans were 
     hunted, killed, and scalped for bounty. The struggle to rid 
     the sports world of this disgusting term is about that 
     heinous history of commodifying native skins.
       In June of this year, the USPTO responded favorably to a 
     petition filed by five young Native Americans, holding that 
     the offending trademarks, owned by Pro-Football, Inc, (the 
     entity that owns and operates the Washington franchise) were 
     ``disparaging to Native Americans at the respective times 
     they were registered.'' We applaud the USPTO's cancellation 
     of the six federal trademark registrations that use this 
     disparaging term.
       Foreseeing that current owner Dan Snyder would appeal the 
     USPTO decision just like he did in 1999, historic legislation 
     was introduced in the House of Representatives that would 
     permanently clarify the Lanham Act to ensure that the 
     derogatory term will never receive federal trademark 
     protection again. H.R. 1278, the Non-Disparagement of Native 
     American Persons or Peoples in Trademark Registration Act of 
     2013, now has more than 20 co-sponsors.
       As early as May 13, 2013, 10 members of the House also sent 
     a joint letter to Snyder and

[[Page E1437]]

     NFL Commissioner Roger Goodell expressing the necessity for 
     H.R. 1278 and urging a name change for the Washington 
     franchise. Members of the Senate later solidified support by 
     sending a similar letter to the NFL on May 24, 2014.
       The clarion call by Native American tribal leaders and 
     organizations to end the shameful legacy of this despicable 
     term can no longer be ignored. Members of the House and 
     Senate have spoken. President Obama thinks the name should be 
     changed. So does U.S. Attorney General Eric Holder. U.S. 
     District Judge Peter J. Messitte held: ``the Court will 
     refrain from using the team name unless reference is made to 
     a direct quote where the name appears.'' Bob Costas, 
     Christine Brennan and other notable journalists, athletes and 
     political figures have joined the effort to rid the NFL of 
     this denigrating word. The Washington Post will no longer use 
     the offensive word in its editorials. The New York Daily News 
     refuses to acknowledge the word in its publications. Even an 
     entire network--CBS--has decided not to dictate the use of 
     this term on the air, allowing its announcers to stop using 
     the term during NFL broadcasts this season.
       You can use caps. Change will prevail. Until it does, we 
     call upon the NFL to stop perpetuating racism against Native 
     Americans.

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