Lions and Tigers and Bears, Oh My or Redskins and Braves and Indians, Oh Why: Ruminations on Mcbride V. Utah State Tax Commission, Political Correctness and the Reasonable Person

Abstract

American Indian mascots have been used by High Schools, Colleges and Professional sports teams for decades. Such use of monikers and mascots that depict Native American images and stereotypes have come under intense criticism in the past decade. Despite the outcry, a few professional sports teams and major Division I institutions continue to stubbornly persist in using derogatory and offensive nicknames and stereotypes for their athletic competitors.

This article urges those stubborn institutions and professional sports teams to reconsider the use of names and monikers that demean and disparage. By reconsidering the reasonable person standard, examining recent caselaw, and discussing the political correctness backlash, the article suggests a different path and a better way to recognize athletic prowess.

Keywords: American Indian, Native American, mascots, nicknames, Redskins, Braves, Indians, Blackhawks, Chiefs, Seminoles, Utes, Fighting Sioux, Illini,