Sports Team Names

The New Hampshire State Board of Education recently originated a resolution banning the use of "Indian" mascots within public schools. In the resolution, the Board stated, "no matter how well or meaning their intentions, their actions may be offensive and harmful to some and therefore, need to be eliminated" (New, 2004, 1). Temporarily leaving aside the First Amendment which protects the right of offensive speech to be expressed, the idea of offensiveness is wrongly applied by the Board's decision. School mascots are usually a symbol of school pride, like the famous Georgia Bulldogs or the Florida Gators. They symbolize pride, achievement, and athletic prowess, not anything derogatory in the typical sense of the word.

Michelle B. Lee (1997) agrees that controversy over school mascots is part of the overly restrictive nature of "political correctness" (1). With respect to the rule of law, Section 2 of the Lanham Act allows for cancellation of trademarks that are "offensive," "scandalous," and "disparaging" (Lee, 1997, 1). However, allowing such an imposition on the naming of teams is, according to Lee (1997) a violation of both the First and Fifth Amendments. Trademark is a form of commercial speech and, as such, is protected under First Amendment law as ruled in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York (447 U.S. 557, 1980), (Lee, 1997).

The restriction on team names is also a potential violation of the Fi

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teria in the case of Tara Brady. The Brady lawsuit demonstrates the connection between discrimination law and disability law with respect to pregnant student athletes. It also may be that the courts could decided in the school's favor based on a Supreme Court decision rendered in Southeastern Community College v. Davis (442 U.S. 397, 1979). In this case, the court ruled that any student alleging discrimination based on disability must be an "otherwise qualified individual who is able to meet all of the program's requirements in spite of his handicap" (Gorman, 1996, 103). As such, if Brady's temporary handicap made her unable to fulfill the program's requirements, the court may rule in the University's favor. However, the combined impact of the ADA and Title IX may cause the court to determine that despite being unable to fulfill all of the requirements of the program, pregnancy is protected under the rules of temporary disability. References Grossman, J. (2003, May 6). A new lawsuit by a female athlete tests Title IX's protection against pregnancy discrimination. Viewed on Feb 20, 2005: http://writ.news. findlaw.com/grossman/20030506.html, 1-4. Gorman, J. T. (1996). Athletic competition and individuals with disabilities: S

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