ce of strength and pride. An example is the Florida State Seminoles, one of the most respected team mascots and football programs in the nation. Certainly, no team name in sports exists to show weakness or inferiority as some claim the use of such team names demonstrates.
This issue demonstrates the need to fight for free expression without imposition by government or legal agencies that is motivated by political correctness. What is considered politically correct now is seldom politically correct generations hence. Likewise, this issue shows that some of the wording in the Lanham Act is vague, such as ôdisparagingö and ôscandalous,ö which may provide courts too much latitude in interpreting the meaning of such concepts. This issue also shows the connection between educational institutions, athletics, government, and the law.
New Hampshire state board of education resolution. (2004). Viewed on Feb 20, 2005: http://aistm.org/2002.nh.state.ed.htm, 1.
Lee, M. B. (1997). Section 2(A) of the Lanham Act as a restriction on sports team names: Has political correctness gone too far? Sports Law Journal, 4, 1-2.
TWO û Individuals with Disabilities
The potential for lawsuits because of student athletes with disabilities is a real and significant risk in athletics. In order to prevent discrimination against persons with disabilities, Congress enacted the 1973 Rehabilitation Act and the American with Disabilities Act in 1990 (ADA), (Gorman, 1996, 103). The ADA created a ôstatutory right for students with disabilities to participate in sports,ö providing they meet four requirements: 1) they are handicapped individuals under the Act; 2) they are otherwise qualified to participate; 3) they were excluded from participation solely by reason of handicap; and 4) the program or activity in question receives federal financial assistance (Gorman, 1996, 103).
A recent case highlights both protections under the ADA and those p...