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NOT Trash Talk: Watch This Space

Most unsportsy member of the Emptywheel team here, throwing up a placeholder post to catch the sports stuff.

Commenter Lefty665 “seeds the kitty”:

How about them Redskins? Gonna kick some Cheesehead butt. Rogers has all the history, but since the bye Cousins has been the better QB. GM Scott McCloughan has turned the ‘Skins around, Gruden has grown up as coach, and miracle of miracles, Snyder has apparently kept his fingers out of the pie for the first time ever.

Here’s a link to the tune for the day, Patty Loveless doing Darrell Scott’s “You’ll never leave Harlan Alive.”

Have at ’em. Marcy, bmaz, edit this post as you see fit whenever you have a few minutes.

Oh yeah, might be helpful to post this weekend’s NFL playoff game lineup:

Saturday: Pittsburgh Steelers versus Cincinnati Bengals — 8:15 P.M. EST — CBS (free)

Saturday: KC Chiefs versus Houston Texans — 4:15 P.M. EST — ABC/ESPN (free on ABC)

Sunday: Seattle Seahawks versus Minnesota Vikings — 1:05 P.M. EST — NBC (login required)

Sunday: Green Bay Packers versus Washington Redskins — 4:40 P.M. EST — FOX (login required)

Mashable’s posted info about streaming these games. Sucks if you have crappy internet, especially if you’re one of the roughly 30% of Americans without high speed internet access. Given how damned little came out of the FCC’s auction for 700Mhz bandwidth formerly used for analog television broadcast, does it ever feel like the auction was a scam to force the public to pay more to view sports?

UPDATED — 5:30 PM EST —
Head upstairs where bmaz has posted the REAL trash talk tackling the divisional playoffs. I’ve also corrected the lineup to add Kansas City vs Houston *now in progress*, per NFL’s schedule. Wow, so pressure, much football, very relief. /Rayne

Big Games and the End of the Hokey Pokey Era Trash Talk

My my, there is a lot going on in the sporting world this weekend, so let’s take a look at some of the more interesting bits and pieces. First off there was some big news in Ann Arbor yesterday that pretty much answers the burning question from last weeks trash talk, namely who will scuttle their flailing football coach sooner, Michigan or Florida? The answer is in, and it is the Michigan Men! Michigan Athletic Director Dave Brandon has resigned effective immediately, and that will almost certainly spell the end of the Brady Hokey era for the Wolverweenies.

There are a couple of updates to items on the Docket Report. First, there was a hearing in EDVA on the appeal lawsuit of the Washington Redskins from the negative trademark decision in the administrative patent court system. The hearing was on a motion to dismiss and the early reports are the court was dubious about the dismissal effort and seemed inclined to retain jurisdiction. If so, that probably favors Dan Snyder and the Skins, because it will allow additional evidence to supplement the narrow and limited administrative record. It will be interesting to see what the decision is here. Secondly, the Ray Rice appeal hearing is set for next Wednesday, and the hearing officer, Judge Barbara Jones, has ordered Roger Goodell to testify. Some people are discussing a settlement, but I would be surprised. This could be fascinating seeing good attorneys cross-examine Goodell.

Then there are the games. The World Series is over, and congratulations to the San Francisco Giants who won a compelling series over the Kansas City Royals. The Cicago Cubs have hired Joe Maddon as their new manager after he quite suddenly up and left the Tampa Bay Rays. That is a great move for the Cubs, but the Cubbies are career killers for managers. RIP Joe Maddon. And the NBA season has started, so there is that. But we are really about football here, so let’s get to it, and there are a lot of big match ups on tap.

You would think that there is no way possible that the biggest game is not Peyton versus Brady and the Broncos at Patriots in the quarterback battle of the ages. Nope, that ain’t it. No, the biggest game this weekend is the Cardinals at Jerryworld to take on the Cowboys. The Cards, along with the aforementioned Broncos, have the best record in the NFL to date with only one loss on the season. The Cowboys were up there too before last week’s close loss to an inspired Redskins squad. This really shapes up as a great game. The Cowboys Demarco Murray has passed Jim Brown with eight straight games over 100 yards to open a season. But the Cards have perhaps the leagues best run defense. The Cowboys can be thrown on, and Carson Palmer has finally got Larry Fitzgerald untracked. Tony Romo is hurting and has not practiced all week. Oh, and by the way, the Honey Badger is back. All the factors point to the Cardinals having the edge. So I am picking the ‘Boys on the basis that they are home, and pissed about their performance against the Skins.

The other big game is of course Broncos at Patriots. Both Brady and Manning are playing lights out currently, and the Pats are on a bit of a roll. Any matchup between these two quarterbacks is an instant classic candidate, and this one is no different. I am going to assume ‘Ole Noodle Arm Manning and Brady cancel each other out. once you get past that, and even understanding Gronk is really rounding into the old Gronk, the Broncos simply have more and better weapons on offense. The Broncos also have a better defense, and they get the pick here. The only other really interesting game on the NFL schedule is Ravens at Steelers. Oddsmakers have it a draw right now, but I think Big Ben and the Stillers have found a groove and pull out the home win at the Big Catsup Bottle.

In college, the unquestioned game of the week is number 3 Auburn at number 4 ‘Ole Miss. After today, one of the teams will be done for the playoff discussion. The Rebels are favored by two at home, and that sounds about right to me. The other really good match ups are in the Pac-12, which has provided every bit as much excitement and compelling football this year as the SEC. Stanford is at Oregon, and the Trees have a history of manhandling the Ducks and giving them fits. Stanford is having an off year, but seemed to find an offensive groove last week. Still, I think the Quackers have the edge. Number 12 Arizona is at number 22 UCLA and I smell an upset here. Lastly, in a night game, number 17 Utah is at number 14 ASU. Utah is always superbly coached by Kyle Willingham and is consistently a better team than people give them credit for. But ASU has some momentum and, as long as they don’t get caught looking forward to next week’s tilt with Notre Dame, should take care of business in Sun Devil Stadium, though I expect a tight game.

Welp, that is it for this week. Rock on. This week’s music by Gerry Mulligan, Dave Brubeck, Doc Severinsen and the Cincinnati Pops with Duke Ellington’s classic “Take the A’Train”.

1st Amendment and Other Concerns On Appeal of Redskins Decision

JusticePicThere has been a lot of commotion over Wednesday’s decision by the US Trademark Trial and Appeal Board to cancel several trademark registrations of the Washington Redskins originally recognized back in the 1960’s by the United States Patent and Trademark Office (PTO). The full decision is here. It is quite long, detailed, and, at least facially, pretty compelling in its finding that the trademarks are “disparaging to Native Americans”.

Before I go further, let me say that I agree with those who think Daniel Snyder and the Washington Professional Football Franchise should change their name. It may not be the most pressing issue in our society, but it is something for which the time has come. Josh Marshall posted his thoughts on this subject at Talking Points Memo, and I think he put it all in excellent perspective and I agree with his conclusions.

The simple fact is we shouldn’t be using whole peoples as mascots for sports teams. Whether or not Indians in America today find it offensive is almost beside the point. The fact that most do is just an extra reason to do away with the practice.

With all I’ve said, there’s a part of me who feels like, ‘We really can’t have the Cleveland Indians anymore?’ It feels like a loss – part of the landscape of American sports I’m attached to. But it’s time.

Well said and, again, I agree. Josh’s entire piece is not long and is worth a read.

That said, and as much as I would like to see the name changed, I have trepidation about the government forcing the issue through agency decisions on what is proper speech, and what is not.

Tradenames and trademarks are, by their nature, really public speech and, thus, at least where they interact with the government, should be entitled to First Amendment protection. Now First Amendment protection is never absolute, but it is presumptively extremely broad. Likewise, First Amendment protections are against governmental action restricting free speech, not necessarily against private persons or entities. If I refuse to listen to you or to print what you have to say, that would be censorship, but it is not First Amendment action. If I am the government and censor you, then that is a different matter and there is a First Amendment issue.

So, here, the TTAB has taken it upon itself to restrict, at least in some regards, the free expression of the Redskins, via refusal to extend the same protection offered other “acceptable” speech and they do so by obvious decree of a governmental entity. Now the TTAB decision made out a VERY thorough and facially compelling case for Read more