Washington football team owner Daniel Snyder has won his fight with the federal trademark office to retain patent protection for the team’s name. But before he takes another victory lap, Snyder would do well to reflect on what exactly it is that he has “won.” The team’s name is still as hurtful and offensive as ever, and the controversy it stirs will likely only intensify, not go away.

In the wake of the Supreme Court’s decision affirming core free-speech principles in a case brought by an Asian American band calling itself the Slants, the Justice Department last week moved to end the football team’s case. The court was right to affirm the bedrock principle of the First Amendment. So precious is the right to free speech that even that which is hateful or offensive must be protected.

But just because the First Amendment gives Snyder the right to use a racial slur, that doesn’t mean he should. Why would he even want to? We understand the affection Snyder and some team fans espouse for the history embodied in the name, and we have never thought there is racist intent when fans hail the team’s name. None of that, though, changes the inescapable fact that the name is one that no one with any real sense of decency would ever think to call a Native American to his or her face. It is degrading. It does real harm, particularly in psychological damage to Native American children and teens. It should be changed – and then congratulations will be in order.


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