The case of the band that shall not be named goes to the Supreme Court

From the band's website

The Portland-based band The Slants will bring their case to the U.S. Supreme Court

ASAM NEWS

THE U.S. Supreme Court gave no indication how it might rule in the trademark case involving the Asian American rock group, The Slants.

The nation’s highest court grilled advocates on both sides of this case which will decide if the band has a right to trademark a name some consider disparaging to Asian/Americans.

The eight justices must decide if the denial is a violation of the band’s right to free speech.

The Los Angeles Times reports Justice Sonia Sotomayor asked if free speech meant the government had to endorse it. She pointed out no one is denying the bands right to use the name.

RELATED: Court takes a different slant on AAPI rock band's name

Other justices wondered aloud where the line is really drawn, drawing comparisons to a person’s right to engage in any conversation they want in a public setting.

“You want us to say trademark laws is just like a public park. That’s it. That’s your argument,” Forbes quoted Justice Anthony Kennedy asking the attorney for the patent office.

The issue has divided the Asian/American community with many backing the band’s right to take a disparaging term and turning it into a positive.

Others back the government, fearing a victory for the band will mean sports teams with names like the NFL's Redskins, which some consider racist towards Native/Americans will be affirmed.

Band leader Simon Tam has tried to draw a distinction between his case and that of the Redskins, saying the cases are unrelated. He asks in an opinion piece for NBC, does the government have the right to decide what terms are racist?

A bad joke and a so-so apology from "Top Gear"

Jeremy Clarkson awaits a penalty for his tendency to use racist language. 

THIS MAY be old news to some of you, but the ruling issued by Britain's Office of Communications (Ofcam) just came out and it ruled that the BBC violated broadcasting rules when it aired a scene in their show "Top Gear" last spring that included a racial slur.

“After a thorough investigation, Ofcom has found the BBC breached broadcasting rules by including an offensive racial term in Top Gear, which was not justified by context,” an Ofcam spokesperson said. “This was scripted in advance. The BBC failed to take the opportunity, either during filming or post-production, to check whether the word had the potential to offend viewers.”

The episode in question, a special about Myanmar which aired in April, included a pretaped segment featuring host Jeremy Clarkson standing at the end of a bridge over the River Kwai as a local man walked across it.

“That is a proud moment,” Clarkson said, “but there’s a slope on it.”

“Slope” is recognized as an anti-Asian slur, especially in Australia (used mostly in reference to people of Vietnamese descent) and the United States (My addition: where it’s most commonly used against all Asian ethnicities).

“When we used the word ‘slope’ in the recent Top Gear Burma special it was a lighthearted word-play joke referencing both the build quality of the bridge and the local Asian man who was crossing it,” Executive Producer Andy Wilman said in a statement after receiving complaints. “We were not aware at the time, and it has subsequently been brought to our attention, that the word ‘slope’ is considered by some to be offensive and although it might not be widely recognized in the UK, we appreciate that it can be considered offensive to some here and overseas, for example in Australia and the USA.

“If we had known that at the time we would not have broadcast the word in this context and regret any offense caused.”

The excuse sounds kind of lame to me.

This is not a breaking news show where everything is live and people speak out in the moment and you tape whatever you get. It is taped months in advance and scripts are approved months or weeks before the actual taping.

They thought they were being clever but instead they revealed their ignorance and prejudices.

The show, which is known for its "clever" or unusual take on the world, has been in trouble before when it called Mexicans "feckless and flatulent." A month after the Myanmar incident, Clarkson was choosing between two cars and he was using the children's rhyme, "Eenie meenie miiny mo ..." you know how the rest of it goes. The producers at least had the good sense to edit it out of the final product. 

I remember during the Vietnam War when American soldiers returned home and I began hearing that term. They applied it to all Asians, much like the term "gook" used by soldiers in the Philippines-American War when referring to Filipinos became synonymous with all Asians.

I hated the term "slopes" then and I hate it now, no matter the context. Ofcam is supposed to come back with some sort of penalty. Let's hope the penalty is  substantial enough to jog some sense into Clarkson, who reportedly makes millions for his hosting duties.