The Redskins trademark and agency discretion

by Walter Olson on June 22, 2014

Too close to the regulation of speech content, too chancy in its impact on the rule of law [Jonathan Turley, Washington Post]:

Many of us recoil at the reference to skin color as a team identity. The problem is that the Redskins case is just the latest example of a federal agency going beyond its brief to inappropriately insert itself in social or political debates. …

The Supreme Court affirmed in 1983 that the IRS could yank tax exemption whenever it decided that an organization is behaving “contrary to established public policy” — whatever that public policy may be. … There is an obvious problem when the sanctioning of free exercise of religion or speech becomes a matter of discretionary agency action. And it goes beyond trademarks and taxes.

Earlier here and here.