Although the death penalty clearly was not considered a “cruel and unusual” punishment when the Eighth Amendment proscription of such punishments was adopted, perhaps society’s “evolving standards of decency” have brought this punishment under the proscription. Standards of decency do evolve: No sports team launched today would select the name “Redskins.” Although Thomas Sowell is correct that “some people are in the business of being offended, just as Campbell is in the business of making soup,” the fact that some people are professionally indignant does not mean offense may be given promiscuously to others.
The name “Redskins” is more problematic than, say, that of the Chicago Blackhawks or Cleveland Indians presumably because “Redskins” refers to skin pigmentation. People offended by this might be similarly distressed if they knew that “Oklahoma” is a compound of two Choctaw words meaning “red” and “people.” Blackhorse, however, has two larger objections.
She says “someone” once told her that teams’ mascots “are meant to be ridiculed,” “to be toyed with,” “to be pushed around and disrespected” and “have stuff thrown at them.” She should supplement the opinion of that someone with information from persons more knowledgeable. But she considers “any team name that references Native Americans” an injurious “appropriation of our culture.” Has an “appropriation” been committed by the University of Utah and Florida State University even though they have the approval of the respective tribes for their teams’ nicknames, the Utes and Seminoles?
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