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Matal v. Tam encourages diversity controversially. As a teen, Simon Tam experienced racially motivated bullying due to his Chinese heritage. He learned to counter this bigotry through humor and the reappropriation of ethnic slurs. When he started his band as a bassist, Simon wanted to call it The Slants. However, when Tam attempted to trademark the band’s name, they ran into the 1946 Lanham Act, which, as the chief trademark law in the US, prohibited trademarks that “disparage” any person or group. As a result, the US Patent and Trademark Office denied Tam’s application for the name. Tam sued because this violated his First Amendment right to free speech. 

The case went to the US Supreme Court, with the court ruling in favor of Tam. The Court held that while the name is a bad word, the content doesn’t merit a restriction. In other words, we must tolerate “the thought that we hate.” Simon Tam’s case is a benefit to diversity in the public discourse. 

Simon Tam in front of the Supreme Court, courtesy of Simon Tam.

Tam’s case is controversial. Is a trademarked racial slur appropriate for the name of an organization? The Court says it may be, or at least it is permissible to be. But controversy is a welcome sight for diversity. Controversy brings dialogue and discussion on the merits of a particular action or enterprise. Dialogue is inherently diversity-improving. Talking and implementing feedback from one another is how we progress. But not everyone has the same perspective on an issue. We all have different experiences, even though the “what” or “how” of any experience may seem the same. Dialogue is how we understand these differences in sameness. 

Dialogue arises from the Tam case through the merits of the individual case itself and by imagining other cases. For example, imagine a band named the “Redskins” or the “Wet-backs.” I don’t like these names or words, I find them racist and deplorable, but that doesn’t mean what they invoke is out of the marketplace of ideas. In fact, it is because of what they invoke that may make them worthy of discussion. This naming practice is similar to shock-jocking on the radio. A controversial opinion or statement is made, and that gets people talking. When people talk about their experiences, they realize that not everyone shares the same experience. This action is the expansion of diversity through dialogue. And this is what these band names do. This is what Simon Tam and the Slants have accomplished. 


About the author

Steven Santiago is currently an intern at the First Amendment Museum and a 4th-year student at the University of Maine studying Psychology, Sociology, and Legal Studies. He is a community organizer on campus, working with students and organizations to increase their political agency in Maine. His current ambition is to achieve a Master’s in Social Work, where he can further develop his organizing skills.


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In this inaugural role, O’Brien will oversee the Museum’s development efforts 

The First Amendment Museum (FAM) has appointed Jamie O’Brien as Chief Development Officer effective July 19, 2021. In this inaugural role, O’Brien will oversee development efforts to support a new concept museum that will inspire people to understand and exercise their First Amendment rights. The museum is located in Augusta, Me. in the former home of media titan, Guy P. Gannett, and was founded by his granddaughters, Genie Gannett and Terry Gannett Hopkins.

O’Brien joins FAM from the Colby College Museum of Art where she served as Museum Development Officer and Interim Director of Museum Development.  Her efforts there resulted in record-breaking museum annual fund giving and major gifts towards Colby’s Dare Northward Campaign. Previously, O’Brien was the inaugural Manager of Development and Marketing at Ogunquit Museum of American Art where she also achieved significant growth in the museum’s annual fund and major gifts. O’Brien brings 20 years of other relevant experience to her new role, having formerly worked as a journalist early in her career at Time, Inc.’s Entertainment Weekly in New York, as Editor-in-Chief of Where Magazine, Boston, and as the founding Director of Content for AltaVista Entertainment in Boston. O’Brien received a BS in Journalism and Speech Communications from Ball State University. 

“Jamie’s record of success in development and journalism will help us grow the FAM in important ways in the next decade,” Christian Cotz, Chief Executive Officer said. “We are building a team of excellence, and Jamie brings well-honed skills and strategic leadership to our staff.”

The FAM has embarked on an ambitious path to renovate and expand the historic house into a 21st-century museum. “The promise of growing a new institution at a pivotal time in our nation’s history is an exciting and important opportunity,” O’Brien said. “The museum will not only benefit the people of Maine but the country at large.”

In a recent survey, 30% of adults interviewed could not name any of their First Amendment rights. “We are at a crossroads in our country’s history and having a deeper understanding of our First Amendment freedoms is more important than ever,” Genie Gannett, President and Co-Founder said. “The First Amendment gives us the freedom to speak, publish our ideas, to practice religion, or not, and gives everyone a pathway to make the changes in our society that we want to see”.

A century ago, Guy P. Gannett merged two newspapers to create the Portland Press Herald and within a few years, purchased several more Maine newspapers and established Guy Gannett Publishing Co, which later became Guy Gannett Communications. In the following decades, the company diversified into both radio and television.  By the 1950s,  the company owned the Evening Express, the Waterville Morning Sentinel, Portland Sunday Telegram, the Kennebec Journal,  WGAN radio, and WGAN-TV (now WGME). As a publisher, Guy Gannett was a champion of the free press, and his former home, next door to the Governor’s mansion and the State Capital, is a perfect location for an inspirational civic organization.     

About the First Amendment Museum

The First Amendment is the cornerstone of democracy.  When Americans value our freedoms, democracy thrives. The First Amendment Museum is a non-partisan museum that inspires us to “Live Our Freedoms” by understanding and using our First Amendment rights to advance democracy so that all reap the benefits.

The museum envisions a nation of individuals who are informed, active, and engaged in their commitment to uphold the freedoms protected by the First Amendment, inspired to live their freedoms in their everyday lives, and respectful of others’ right to do so.

First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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The First Amendment Museum in Augusta, Maine has announced the appointment of Christian J. Cotz as chief executive officer.

Christian Cotz

The First Amendment Museum in Augusta, Maine announced the appointment of Christian J. Cotz as Chief Executive Officer. 

Cotz brings 25 years of museum experience and a deep knowledge of the First Amendment to Maine, having worked in leadership positions at James Madison’s Montpelier in central Virginia for the last two decades.  Cotz will guide the First Amendment Museum through the next stages of its development – building staff, completing the restoration of the historic structure, construction of the museum addition, and developing and installing exciting and relevant exhibitions in the space.  “We are confident Christian’s experience in the museum field will allow us to speed up the pace of the project and bring new energy and ideas and partners to the table,” said Genie Gannett, Board Chair of the museum.   

The First Amendment Museum is located in the historic home of publisher Guy Gannett on State Street in Augusta, next to the Governor’s mansion, Blaine House, and the Capital.  Gannett founded Guy Gannett Publishing Company in 1921.  Throughout the 1920s, the company acquired Portland’s Press Herald, Evening Express, Daily Advertiser, and Sunday Telegram, as well as Augusta’s Kennebec Journal, and the Waterville Morning Sentinel.  In the 1930s, the company expanded into broadcast radio, and by the 1950s the reach extended into television.  A champion of the free press, Gannett once wrote, “I have never regarded the newspaper as a piece of private property to be managed for mercenary ends; but rather as an institution to be managed for the public good, and to be made a force in the community for the promotion of the welfare of our city, state, section, and nation.”

The home changed hands in the early 1970s to house the State Planning Office.  The State vacated the building in 2010, and the museum purchased the home in 2016 and has made steady progress on the architectural restoration of the historic building, on designs for an addition, and on the concept design for the exhibition.  “My sister, Terry Hopkins, and I can’t think of a more fitting way to honor grandfather’s memory than by turning his home into a museum that promotes First Amendment freedoms.  He would have liked that,” said Genie Gannett, Guy’s granddaughter, and, with her sister, co-founder of the museum.    

At Montpelier from 2000-2019, Cotz took part in the transformation and restoration of the home of America’s 4th President and Father of the Constitution, James Madison. “There are a lot of parallels between the two places,” said Cotz.  “When I started at Montpelier, we had a house that needed to be restored, both Madison and Montpelier were largely unheard of, we had very few visitors, and no money.  But we had incredible aspirations.  This project will be another exciting challenge.  And, of course, Madison penned the First Amendment, and was a champion of the rights it protects.”  During his tenure as Montpelier’s Director of Education, Cotz developed exhibits and interpretive programs about the Madisons, the enslaved community, the Constitution and Bill of Rights, the Reconstruction and Jim Crow eras, as well as architecture and natural history.  He was at the forefront of the effort to engage the descendants of enslaved families as stakeholders in Montpelier, and was project director for the ground-breaking exhibition, The Mere Distinction of Colour, which won six national museum awards.  Cotz coordinated the National Summit on Teaching Slavery and was a co-author and editor of the resulting rubric: Engaging Descendant Communities in the Interpretation of Slavery at Historic Sites and Museums.  According to Dr. Hasan Kwame Jeffries, Associate Professor of History at the Ohio State University, who was an advisor on the exhibit and a participant in the Summit, “working with Christian was one of the highlights of my career. His ability to see what does not yet exist is matched only by his skill at bringing together the right people to make what he has conceived a reality.  He is a visionary who is redefining what is possible and what is necessary in museums and at historic sites.”

So, why will people want to come to the First Amendment Museum?  According to Cotz, “This will be a conceptual museum about how the First Amendment affects our lives and how we utilize the rights it protects.  It will be current and relevant.  We will address subjects that are on people’s minds and be part of the national dialogue.”  John Dichtl, President and CEO of the American Association for State and Local History (AASLH), noted that “visitation is growing at museums and historic sites like the First Amendment Museum that can demonstrate the relevance of history. The whole field is heading in that direction, from large, long-established institutions to smaller, bright, new additions.”

Ed Ayers, a frequent advisor to Montpelier, and president emeritus of the University of Richmond, has found that students and the public in general are sadly unaware of how current events are informed by history. “History is often invisible, apparently weightless” said Ayers.  “Yet, like the invisible air we breathe, history is everywhere around us and necessary for our very lives.  The First Amendment Museum will make an essential element of that history tangible to visitors.  Christian has done that work with race and he can do it with freedom.”

According to a survey conducted by the Newseum in 2016, 40% of Americans can’t name any of the First Amendment freedoms.

“That’s frightening,” said Cotz. “Justice Brandeis said, ‘the greatest menace to freedom is an inert people.’ To understand and utilize our First Amendment rights is essential to what it means to be American.  Madison was an intentional political theorist.  He put the First Amendment first on purpose because he saw it as paramount.  The Constitution lays out the way the government functions, it even tells us how we can change its functions, but it doesn’t tell us how we instigate that change.  That’s what the First Amendment does.  It tells us how to go about creating change.  It tells us we can believe or imagine anything we want.  That we can talk about whatever we imagine.  That any idea we can conceive can be printed.  That we can peacefully assemble in support of that idea.  And that we can petition the government to legislate in favor of that idea.  The First Amendment protects our ability to make a better society.  It tells us how we create the ‘more perfect union’ the founders hoped future generations would develop.  And that’s what we intend to convey here. We want to inspire people to live their freedoms.”  

Cotz’s wife, Amy Larrabee Cotz, was born and raised in Belfast, Maine and is a historian in her own right, being the Associate Editor of the Dolley Madison Digital Edition at the University of Virginia.  Her family has deep roots in Maine – she is descended from steamship captains on Penobscot Bay, guides on Moosehead, factory workers, federal executives, timber cruisers, teachers, and farmers.  She and their two daughters, Ava and Aria, will join Cotz in Maine this spring.  They are looking forward to spending the summer at the family’s camp on a lake not far from the museum. “I’ve been coming to Maine with Amy every summer for almost twenty years,” said Cotz.  “Moving here permanently feels like coming home.”

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Protecting Democracy is a full-time job. We all must do our part to defend our Freedoms. Won’t you help today?