Red Zebra To FCC: Don't Ban Redskins

Red Zebra Broadcasting told the Federal Communications Commission on Friday that it has no legal grounds to ban radio stations from using the name of the Washington Redskins, reports The Hill.

Critics are using “meritless” arguments to urge the FCC not to reauthorize the license of local Washington sports radio station WWXX 94.3 FM, Red Zebra Broadcasting told the agency in a formal filing.

WWXX 94.3 FM (2Kw) 60dBu Coverage

The request for the FCC to not renew the station’s license is “a crass misuse of the license renewal process,” it added, which would lead to “limitless expansion of the government’s censorial powers,” seemingly in violation of the Constitution.

“While there is, in fact, a public debate over the use of the name ‘Redskins’ in association with the team, the commission cannot appropriately serve as the arbiter of that dispute,” the broadcaster claimed. “The commission’s task is not to pass judgment on the propriety of the name of Washington’s professional football team.”

The company is owned by Redskins owner Dan Snyder, who has repeatedly refused to change the team name despite repeated criticism.

"Our response makes clear that under the Communications Act and the First Amendment the FCC should not be in the business of censoring the content of radio stations. Any debate about the Washington Redskins' name and its meaning should be had in the free marketplace of ideas, not in the halls of the FCC or any other governmental agency."

Andrew G. McBride, of the law firm of Wiley Rein LLP, counsel for Red Zebra said of the filing, "We hope that the FCC will swiftly reject this transparent attempt to use the license renewal process to intimidate broadcasters across the country with the baseless threat that accurately reporting on the Washington Redskins football franchise by using the team's full name violates any law or FCC regulation."

Last month, the FCC said it is considering whether to rule "Redskins," the team name of Washington, DC's NFL team, as indecent. In recent months, many have called on the football francise to change its name from the word many consider a slur to Native Americans. Commission Chairman Tom Wheeler is considering action on a petition from legal activist John Banzhaf III, asking the denial of Red Zebra's WWXX-FM license when it comes up for renewal for using "Redskins" on-air.

Team owner Daniel Snyder has vowed not to change the name, despite the efforts of President Barack Obama and half of the U.S. Senate, who asked the NFL to endorse a name change.