The federal government needs to stay out of the debate over the Washington Redskins' name

Indeed, the reappropriation of terms that have historically disparaged marginalized groups is a common way for those same groups to reclaim the meaning of those terms and change social attitudes. Consider the fact that the group “Dykes on Bikes” had to fight to register its name, which was first rejected for being vulgar or disparaging, but later accepted after the group submitted evidence that the term “dyke” can be a source of pride for their community.

But why should the government get to play language police? It shouldn’t – especially when experience shows that self-expression by women and sexual minorities is more likely to be deemed immoral or scandalous, and therefore more subject to government restriction under the present trademark law. Furthermore, cancelling the Washington team’s trademark may not even be effective, because cancelling a trademark doesn’t prevent the team from using it. It does, however, make it easier for other people to disseminate it. So the Trademark Office decision in this case might result in even more use of a distasteful term – not less.

The ACLU has a history of defending the speech rights of groups we disagree with, because the First Amendment doesn’t protect only popular ideas. The Washington team’s choice of name is unfortunate. They should be – and are being – pressured to change it. But it isn’t government’s role to pick and choose which viewpoints are acceptable and which are not.