Legal Question in Discrimination Law in Texas

Is it RACISM?

The question is, can a High School use an offensive name that is historically offensive to African Americans in this case(COON) as their nickname without censorship. By refusing to change the name from COON to something else, is the school harboring and promoting insensitivity to diversity or is this a censorship issue?


Asked on 1/29/02, 10:11 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Is it RACISM?

Is it racism? No, maybe its just tradition.

Racism to me in an evil thing. It says that people are to be TREATED differently because of their color, race, religion, or sexual preference. It is an evil thing.

Then there is the issue of what is merely offensive because someone chooses to take offense at it.

For example, I do not like Rap music. I believe it diminishes the worth of women and I further believe that it emphasizes violence and glorifies the self-perception of some African-Americans that they are worth less than white people and that this gives them a right to act out on their own perception of inadequacy. (And, please understand, I mean no disrespect: this is for purposes of illustration only) I am offended by this form of music, but I have no right to stop it. There are lots of white kids who listen to it, think its really cool, and enjoy living the life of a gang member in this vicarious way.

I am offended by that, but I have no right to stop it. I have made a choice to be offended. But I have no right to make you pay for my choice. Similarly, you have chosen to be offended by the use of the word coon. Your reasons are no doubt as real and sincere as my reasons for taking offense at rap music, except yours are probably steeped in years of your own personal experience.

Similarly, I can understand where an African-American would have a real objection to the use of the word "coon" since it is frequently used as an epithet. However, unlike the word "nigger" which has absolutely NO foundation for usage in polite conversation, the word "coon" can be used to describe an animal. My guess is the mascot of the school is a raccoon, and that this usage is not meant to be offensive. Although, I am sure that to some of those who now take up the banner of defending it, the word secretly reflects their own biases.

Unfortunately, if we want to let the world be run by what offends people, then we have to place content restrictions not just on team mascots, but on music, art, and other things that might be offensive. The fact is, other than breathing, there isn't too much a person does in a day that isn't offensive to someone, or couldn't be thought to be.

For this reason, I suggest that you state your objection, state the reason for your objection, emphasize how it makes you feel, and work to establish a concensus so that the name can be changed without resort to litigation. Litigation is not the way to solve this problem. Raising the awareness of people is.

I wish you the best of luck.

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Answered on 1/29/02, 10:36 am


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