ABSTRACT

This chapter examines some of the issues that can arise when hate takes tangible form. Management will insist that the logo or mascot is intended to honor those it depicts. Tradition will weigh heavily on the side of the logo’s defenders. A group of Indians invoked this provision in a challenge to a team logo and name that Native Americans everywhere find offensive. If successful, this strategy would deprive the team of the exclusive right to market sweatshirts, banners, and other paraphernalia bearing the logo and likeness. In 1992, the Supreme Court reversed the conviction of a white teenager who had burned a cross on the lawn of a black family in St. Paul, Minnesota. The US Commission on Civil Rights and a number of state human rights agencies called for an end to the use of Indian sports mascots, while a few newspapers have adopted a policy of not printing the names of teams that use Indian mascots.