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Supreme Court rules on trademarks law with implications for Redskins team name

Supreme Court rules on trademarks law with implications for Redskins team name

WASHINGTON (AP) – The Supreme Court on Monday struck down part of a law that bans offensive trademarks in a ruling that is expected to help the Washington Redskins in their legal fight over the team name.

The justices ruled that the 71-year-old trademark law barring disparaging terms infringes free speech rights.

The ruling is a victory for the Asian-American rock band called the Slants, but the case was closely watched for the impact it would have on the separate dispute involving the Washington football team.

Slants founder Simon Tam tried to trademark the band name in 2011, but the U.S. Patent and Trademark Office denied the request on the ground that it disparages Asians. A federal appeals court in Washington later said the law barring offensive trademarks is unconstitutional.

The Redskins made similar arguments after the trademark office ruled in 2014 that the name offends American Indians and canceled the team's trademark. A federal appeals court in Richmond put the team's case on hold while waiting for the Supreme Court to rule in the Slants case.

In his opinion for the court, Justice Samuel Alito rejected arguments that trademarks are government speech, not private speech. Alito also said trademarks are not immune from First Amendment protection as part of a government program or subsidy.

Tam insisted he was not trying to be offensive, but wanted to transform a derisive term into a statement of pride. The Redskins also contend their name honors American Indians, but the team has faced decades of legal challenges from Indian groups that say the name is racist.

Despite intense public pressure to change the name, Redskins owner Dan Snyder has refused, saying it "represents honor, respect and pride."

In the Slants case, government officials argued that the law did not infringe on free speech rights because the band was still free to use the name even without trademark protection. The same is true for the Redskins, but the team did not want to lose the legal protections that go along with a registered trademark. The protections include blocking the sale of counterfeit merchandise, and working to pursue a brand development strategy.

A federal appeals court had sided with the Slants in 2015, saying First Amendment protects "even hurtful speech that harms members of oft-stigmatized communities."

MORE REDSKINS: Calendar break gives Redskins more time on Cousins deal

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Need to Know: A look at the Redskins' key 2019 free agents

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USA Today Sports Images

Need to Know: A look at the Redskins' key 2019 free agents

Here is what you need to know on this Sunday, May 27, 16 days before the Washington Redskins start minicamp.  

Note: I am vacationing in the Outer Banks this week. In this space, I’ll be presenting some of the most popular posts of the last few months. I hope you enjoy these “best of” presentations and I’ll see you folks when I get back. 

Here is my sunrise view from this morning:

Looking at next year’s free agents

This post was originally published on March 18. 

There is still work that the Redskins can do in free agency and they still have some of their own players they want to retain. But with a lot of the player movement already in the books, we can take a look forward some of the key Redskin who currently are set to be free agents when the 2019 league year opens. 

QB Colt McCoy (Week 1 age 32)—Lots of questions here. Will the Redskins want to keep him around for another year as Alex Smith’s backup? Or will they want a younger and cheaper backup? Will McCoy want to move on rather than back up another QB who doesn’t miss many games?

OL Ty Nsekhe (32)—The Redskins gave him a second-round restricted free agent tender this year so it’s possible that he could be gone or on a long-term contract in Washington. If he is a free agent, his value and the difficulty of retaining him could depend on if he ends the season as a reserve tackle (easy) or as a starting guard (hard). 

OLB Preston Smith (25)—As we saw with Trent Murphy (three years, $21 million with up to $30 million), pass rushers get paid. Smith also makes big plays. Since Smith came into the NFL, he is the only player with at least 20 sacks, 3 interceptions, and 4 forced fumbles. If the Redskins can’t reach a deal on an extension with him this year the franchise tag is a distinct possibility. 

WR Jamison Crowder (25)—This year the supply of quality receivers both as free agents and in the draft sent contract prices skyrocketing. To guard against that happening next year, the Redskin should start talking to Crowder about an extension soon. 

ILB Zach Vigil (27)—As I noted here, Vigil went from being cut in September to a very valuable reserve in November. Both Zach Brown and Mason Foster will still be under contract, but the Redskin still should make an effort to retain Vigil for special teams and as a capable backup. 

Other Redskins who are slated to be UFA’s next year are DL Ziggy Hood and ILB Martrell Spaight. 

It’s also worth noting that WR Maurice Harris and DE Anthony Lanier will both be restricted free agents next year. Both positions were pricey in free agency this year, so both could require at least second-round tenders, which likely will increase to about $3 million in 2019. 

Stay up to date on the Redskins. Rich Tandler covers the team 365 days a year. Like his Facebook page, Facebook.com/TandlerNBCSand follow him on Twitter  @TandlerNBCSand on Instagram @RichTandler

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Need to Know: A closer look at Alex Smith's contract with the Redskins

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Associated Press

Need to Know: A closer look at Alex Smith's contract with the Redskins

Here is what you need to know on this Saturday, May 26, 17 days before the Washington Redskins start minicamp.  

Note: I am vacationing in the Outer Banks this week. In this space, I’ll be presenting some of the most popular posts of the last few months. I hope you enjoy these “best of” presentations and I’ll see you folks when I get back. 

Contract makes Alex Smith a Redskins for at least three seasons

This post was originally published on March 19. 

When the Redskins traded for Alex Smith on January 30, news also broke that he had agreed to a four-year extension with Washington in addition to the one year left on his contract with the Chiefs. While we got some top-line numbers on the deal, we have gone since then without any details. 

Until now. 

The details show a deal that has a slightly higher cap hit in 2018 than was on his original Chiefs contract and the numbers rise gradually over the life of the deal, which runs through 2022. 

Smith got a $27 million signing bonus and his salaries for 2018 ($13 million) and 2019 ($15 million) also are fully guaranteed at signing making the total $55 million (information via Over the Cap, which got data from a report by Albert Breer). 

But there I another $16 million that is guaranteed for all practical purposes. On the fifth day of the 2019 league year, his 2020 salary of $16 million becomes fully guaranteed. He almost assuredly will get to the point where that money will become guaranteed since the Redskins are not going to cut him after one year having invested $55 million in him. So the total guarantees come to $71 million. 

His 2021 salary is $19 million and it goes up to $21 million in 2022. There have been reports of some incentives available to Smith but since we have no details we’ll set those aside for now. 

The cap hits on the contract are as follows: 

2018: $18.4 million
2019: $20.0 million
2020: $21.4 million
2021: $24.4 million
2022: $26.4 million

The Redskins can realistically move on from Smith after 2020. There would be net cap savings of $13 million in 2021 and $21 million in 2022. 

The first impression of the deal is that the Redskins did not move on from Kirk Cousins because they didn’t want to guarantee a lot of money to a quarterback. The total practical guarantee of $71 million is second only to Cousins’ $82.5 million. It should be noted that Cousins’ deal runs for three years and Smith’s contract is for five. 

Stay up to date on the Redskins. Rich Tandler covers the team 365 days a year. Like his Facebook page, Facebook.com/TandlerNBCSand follow him on Twitter  @TandlerNBCSand on Instagram @RichTandler