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12 Sports Law. J. 71 (2005)
A New Approach to an Old Problem: Could California's Proposed Ban on Redskins Mascots in Public Schools Have Withstood a Constitutional Challenge

handle is hein.journals/sportlj12 and id is 75 raw text is: A New Approach to an Old Problem: Could California's Proposed Ban on Redskins Mascots in Public Schools Have Withstood a Constitutional Challenge? Lauren Brock* I. INTRODUCTION .............................................................................. 71 II. THEORIES OF CONSTITUTIONAL CHALLENGES TO MASCOT B A N S ............................................................................................... 74 A. Commercial Speech ............................................................. 74 B. Antihate Speech Codes ........................................................ 77 C. State PupilAntidiscrmination Laws ................................... 80 [I. FEDERAL INVOLVEMENT WITH THE MASCOT DEBATE ...................... 83 IV C ONCLUSION .................................................................................. 84 I. INTRODUCTION Over the last thirty years, a growing number of schools' and universities across the United States have decided to retire their Native American sports mascots.2 Most of those decisions were made privately, outside the scope of judicial scrutiny, but a few schools were taken to court by Native American mascot opponents for refusing to terminate their mascots. Those opponents were largely unsuccessful in using current antidiscrimination laws to obtain judicial support for the forced removal of Native American mascots.' On the other side, supporters of Native American mascots argue that such mascots are symbols of pride and show respect for Native American heritage and culture * J.D. candidate 2005, Tulane Law School; B.A. 2000, Stanford University. 1. This Article will use the term school to refer generally to schools, school districts, school boards, and other bodies authorized to make decisions regarding the school's mascot. 2. See Schools Using Native Amrican Racial Mascots in Califomi California Department of Education, at http://www.aics.org/mascot/california.htm (last visited Jan. 27, 2004). 3. Nickname logo symbol, and mascot are all generally interchangeable terms. This Article will mainly use the term mascot for purposes of consistency. 4. This Article will use the terms Indian Native American, and American Indian interchangeably. 5. See John B. Rhode, Comment, The Mascot Name Change Controversy: A Lesson in Hypersensitivity, 5 MARQ. SPoRTS L.J. 141,157 (1994). 71