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Protest Law and the Tradition of Chilling Indigenous Free Speech
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Journals Student Scholarship 2019 "Enough's Enough": Protest Law and the Tradition of Chilling Indigenous Free Speech Alix H. Bruce Follow this and additional works at: https://digitalcommons.wcl.american.edu/stusch_lawrev Part of the Civil Rights and Discrimination Commons, First Amendment Commons, and the Indian and Aboriginal Law Commons “ENOUGH’S ENOUGH”: PROTEST LAW AND THE TRADITION OF CHILLING INDIGENOUS FREE SPEECH Alix Bruce* I. INTRODUCTION……………………………………….55 II. AN OVERVIEW OF FREEDOM OF SPEECH AND FREEDOM OF ASSOCIATION IN THE UNITED STATES…………………………………………….....58 A. Freedom of Speech……………………………….58 B. Freedom of Association……………………….…63 III. CIVIL RIGHTS FOR INDIGENOUS PEOPLE IN THE UNITED STATES………………………………………………66 A. “Kill the Indian, Save the Man”: Indigenous Civil Rights Pre-1924………………………………….66 B. 8 U.S.C. § 1401(a)(2) and the Rise of Red Power…………………………………………….70 C. The First Amendment as Applied to the Indigenous Peoples of the United States……………………......................................73 IV. CURRENT TRENDS…………………………………….74 A. Indigenizing Environmental Justice……………...74 B. Mni Wiconi and Oceti Sakowin: The Timeline of #NoDAPL………………………………………...77 C. Current Laws…………………………………….83 1. Oklahoma………………………………...83 2. North and South Dakota………………….85 3. Louisiana…………………………………88 4. Texas……………………………………..89 5. Federal……………………………………91 V. THE CHILLING OF INDIGENOUS FREE SPEECH BY CRITICAL INFRASTRUCTURE -
Flandreau Santee Sioux Tribe Tribal State Gaming Compact
GAMING COMPACT BETWEEN THE FLANDREAU SANTEE SIOUX TRIBE AND THE STATE OF SOUTH DAKOTA WHEREAS, the Tribe is a federally recognized Indian Tribe whose reservation is located in Moody County, South Dakota; and WHEREAS, Article III of the Flandreau Santee Sioux Constitution provides that the governing body of the Tribe shall be the Executive Committee; and WHEREAS, Article VIII, Section 1, of the Constitution authorizes the Executive Committee to negotiate with the State government; and WHEREAS, the State has, through constitutional provisions and legislative acts, authorized limited card games, slot machines, craps, roulette and keno activities to be conducted in Deadwood, South Dakota; and WHEREAS, the Congress of the United States has enacted the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2426, 25 U.S.C. 2701, et seq. (1988), which permits Indian tribes to operate Class III gaming activities on Indian reservations pursuant to a Tribal-State Compact entered into for that purpose; and WHEREAS, the Tribe operates gaming activities on the Flandreau Santee Sioux Indian Reservation, at the location identified in section 9.5 in Moody County, South Dakota; and WHEREAS, the Tribe and the State desire to negotiate a Tribal-State Compact to permit the continued operation of such gaming activities; and NOW, THEREFORE, in consideration of the foregoing, the Tribe and the State hereto do promise, covenant, and agree as follows: 1. DECLARATION OF POLICY In the spirit of cooperation, the Tribe and the State hereby set forth a joint effort to implement the terms of the Indian Gaming Regulatory Act. The State recognizes the positive economic benefits that continued gaming may provide to the Tribe. -
Outline of United States Federal Indian Law and Policy
Outline of United States federal Indian law and policy The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1] U.S. Supreme Court cases List of United States Supreme Court cases involving Indian tribes Citizenship Adoption Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 530 U.S. _ (2013) Tribal Ex parte Joins, 191 U.S. 93 (1903) Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) South Dakota v. Bourland, 508 U.S. 679 (1993) Civil rights Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) United States v. Wheeler, 435 U.S. 313 (1978) Congressional authority Ex parte Joins, 191 U.S. 93 (1903) White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) South Dakota v. Bourland, 508 U.S. 679 (1993) United States v. -
Smoke Signals Volume 2
June 2006 Smoke Signals Volume 2 Table of Contents 2006 BIA TFM Students Celebrate TFM Graduates 1 Graduation! Administration 2 ~Dave Koch Aviation 3 Fire Use/Fuels 5 Operations 7 Prevention 10 Budget 11 Training 12 Director 16 Left to right; Treon Fleury, Range Technician, Crow Creek Agency; Emily Cammack, Fuels Specialist, Southern Ute Agency; Donald Povatah, Fire Management Officer, Hopi Agency. Five BIA students completed the final requirements of the 18-month Technical Fire Management Program (TFM) in April. TFM is an academic program designed to improve the technical proficiency of fire and natural resource management specialists. The curriculum is rigorous and includes subjects such as statistics, economics, fuels management, fire ecology, and fire management Left; Kenneth Jaramillo, Assistant Fire Management Officer, Southern Pueblos Agency; Right: Ray Hart, Fuels Specialist, planning. Blackfeet Agency. The program is designed for GS 6-11 employees who intend to pursue a career in fire and currently occupy positions such as assistant fire management officer, fuels management specialist, wildland fire operations specialist, engine foreman, hotshot superintendent, and others. TFM targets applicants who lack a 4-year biological science, agriculture, or natural resources management degree. Students who successfully complete TFM are awarded 18 upper division college credits, which contribute toward the education requirements necessary for federal jobs in the 401 occupational series. As such, the program is considered a convenient “bridge to profession” for our fire management workforce. Continued next page Administration Page 2 TFM is administered by the TFM is not a requirement to obtain information. The deadline for Washington Institute, a Seattle based one of these positions. -
Our Native Americans Volume 3
OUR NATIVE AMERICANS VOLUME 3 WHERE AND HOW TO FIND THEM by E. KAY KIRKHAM GENEALOGIST All rights reserved Stevenson's Genealogy Center 230 West 1230 North Provo, Utah 84604 1985 Donated in Memory of Frieda McNeil 2004 TABLE OF CONTENTS Page Introduction .......................................... ii Chapter 1. Instructions on how to use this book ............ 1 How do I get started? ..................... 2 How to use the pedigree form ............... 3 How to use a library and its records .......... 3 Two ways to get help ...................... 3 How to take notes for your family record ....... 4 Where do we go from here? ................ 5 Techniques in searching .................... 5 Workshop techniques ..................... 5 Chapter 2. The 1910 Federal Census, a listing of tribes, reservations, etc., by states .................. 7 Chapter 3. The 1910 Federal Census, Government list- ing of linguistic stocks, with index ........... 70 Chapter 4. A listing of records by agency ............. 123 Chapter 5. The American Tribal censuses, 1885-1940 ............................ 166 Chapter 6. A Bibliography by tribe .................. 203 Chapter 7. A Bibliography by states ................. 211 Appendix A. Indian language bibliography .............. 216 Appendix B. Government reports, population of tribes, 1825, 1853, 1867, 1890, 1980 .............. 218 Appendix C. Chart for calculating Indian blood .......... 235 Appendix D. Pedigree chart (sample) .................. 236 Appendix E. Family Group Sheet (sample) ............. 237 Appendix F. Religious records among Native Americans ... 238 Appendix G. Allotted tribes, etc. ..................... 242 Index ............................. .... 244 ii INTRODUCTION It is now six years since I started to satisfy my interest in Native American research and record- making for them as a people. While I have written extensively in the white man's way of record- making, my greatest satisfaction has come in the three volumes that have now been written about our Native Americans. -
Legislative Resolution 234
LR 234 LR 234 ONE HUNDREDTH LEGISLATURE SECOND SESSION LEGISLATIVE RESOLUTION 234 Introduced by Chambers, 11. Read first time January 25, 2008 Committee: Judiciary WHEREAS, Congress, by the Act of August 15, 1953, codified at 18 U.S.C. 1162 and 28 U.S.C. 1360, generally known as Public Law 280, ceded federal jurisdiction to the State of Nebraska over offenses committed by or against Indians and civil causes of action between Indians or to which Indians are parties that arise in Indian country in Nebraska; and WHEREAS, Congress subsequently enacted the Indian Civil Rights Act of 1968, which included a provision codified at 25 U.S.C. 1323 that authorizes the federal government to accept a retrocession of criminal or civil jurisdiction from the states subject to Public Law 280; and WHEREAS, the State of Nebraska has retroceded much of the jurisdiction it acquired over tribal lands under Public Law 280 back to the federal government, including all civil and criminal jurisdiction within the Santee Sioux Reservation, LR 17, Ninety-seventh Legislature, 2001; all criminal jurisdiction within the Winnebago Reservation, LR 57, Eighty-ninth Legislature, -1- LR 234 LR 234 1986; and criminal jurisdiction within that part of the Omaha Indian Reservation located in Thurston County, except for offenses involving the operation of motor vehicles on public roads or highways within the reservation, LR 37, Eightieth Legislature, 1969; and WHEREAS, the partial retrocession of criminal jurisdiction over the Omaha Indian Reservation has created confusion for -
July 6, 2020 VIA ELECTRONIC MAIL Roger Goodell, Commissioner
July 6, 2020 VIA ELECTRONIC MAIL Roger Goodell, Commissioner National FootBall League 280 Park Avenue New York, NY 10017 [email protected] Dear Mr. Goodell, The undersigned are Native American leaders and organizations that have worked tirelessly and substantively for over half a century to change the racist name of the Washington team. We appreciate the statements made in recent days regarding the league and the team’s intention to revisit the name, But we are deeply concerned that the process or decision to rename is Being made in aBsence of any discussion with the concerned leadership. Specifically, we, the undersigned, request that the NFL immediately: 1. Require the Washington NFL team (Owner- Dan Snyder) to immediately change the name R*dsk*ns, a dictionary defined racial slur for Native Peoples. 2. Require the Washington team to immediately cease the use of racialized Native American Branding By eliminating any and all imagery of or evocative of Native American culture, traditions, and spirituality from their team franchise including the logo. This includes the use of Native terms, feathers, arrows, or monikers that assume the presence of Native American culture, as well as any characterization of any physical attributes. 3. Cease the use of the 2016 Washington Post Poll and the 2004 National AnnenBerg Election Survey which have Been repeatedly used By the franchise and supporters to rationalize the use of the racist r-word name. These surveys were not academically vetted and were called unethical and inaccurate By the Native American Journalist Association as well as deemed damaging By other prominent organizations that represent Native Peoples. -
1 Title South Dakota Indian Reservations Today—Native Students. Grade Level Adult Workshop for Native Inmates. Theme Duration
Title South Dakota Indian Reservations Today—Native Students. Grade Level Adult workshop for Native inmates. Theme Duration 1½ hours. Goal Participants will increase their understanding of the geographical locations and differences among the tribes living on the South Dakota reservations. Objectives Workshop participants will know: 1. The number of reservations in SD. 2. Which tribes live on those reservations. 3. Where the reservations are located. 4. Which two reservations are the largest in population and which reservation is the smallest. 5. Which bands live on which reservations. South Dakota Standards Cultural Concept Participants should recognize the diversity of the SD reservations. Cultural Background The reservations in South Dakota are populated by the seven tribes of the Oceti Sakowin, The Seven Council Fires. Those tribes, who began as one tribe, are now divided into three major language dialect groups: the Dakota, the Nakota, and the Lakota. They are often called the Sioux. According to their oral tradition, they originated as a people at Wind Cave in South Dakota and have always lived in that general area. At the time of European contact, the people lived in Minnesota. The word Dakota means “Considered-friends.” Before they separated, the Dakota lived in the area around Lake Mille Lac in Minnesota, where they would come together for winter camp. Over time they separated into the Oceti Sakowin “Seven Council Fires” as they traveled further away to hunt and no longer camped together in the winter. The tribes came together periodically for ceremonies. The seven sacred ceremonies are the basis of differentiating these tribes from other tribes, which do not have all seven of the ceremonies. -
Why Don't More American Indians Become Engineers in South Dakota?
International Journal of Engineering, Social Justice, and Peace esjp.org/publications/journal ARTICLE Why Don’t More American Indians Become Engineers in South Dakota? Joanita M. Kant,* Wiyaka His Horse Is Thunder,† Suzette R. Burckhard,‡ and Richard T. Meyers§ * Civil and Environmental Engineering, South Dakota State University, [email protected] † Counseling and Human Resource Development South Dakota State University, [email protected] ‡ Civil and Environmental Engineering, South Dakota State University, [email protected] § College of Arts and Sciences, Tribal Liaison, South Dakota State University, [email protected] American Indians are among the most under-represented groups in the engineering profession in the United States. With increasing interest in diversity, educators and engineers seek to understand why. Often overlooked is simply asking enrolled tribal members of prime college age, “Why don’t more American Indians become engineers?” and “What would it take to attract more?” In this study, we asked these questions and invited commentary about what is needed to gain more engineers from the perspectives of enrolled tribal members from South Dakota, with some of the most poverty-stricken reservations in the nation. Overall, results indicated that the effects of poverty and the resulting survival mentality among American Indians divert attention from what are understood to be privileged pursuits such as engineering education. The study’s findings indicated American Indian interviewees -
Tribal Brownfields and Response Programs Respecting Our Land, Revitalizing Our Communities
Tribal Brownfields and Response Programs Respecting Our Land, Revitalizing Our Communities United States Environmental Protection Agency 2013 Purpose This report highlights how tribes are using U.S. Environmental Protection Agency (EPA) Brownfields Program funding to address contaminated land in Indian country1 and other tribal lands. It also highlights the challenges tribes face. It provides a historic overview of EPA’s Brownfields Program, as it relates to tribes, and demonstrates EPA’s commitment to the development of tribal capacity to deal effectively with contaminated lands in Indian country. The report includes examples of tribal successes to both highlight accomplishments and serve as a resource for ideas, information and reference. 1 Use of the terms “Indian country,” “tribal lands,” and “tribal areas within this document is not intended to provide legal guidance on the scope of any program being described, nor is their use intended to expand or restrict the scope of any such programs, or have any legal effect. 3 Table of Contents Overview .......................................................................................................................................................................... 6 Brownfields Tribal Highlights and Results .................................................................................................................... 7 EPA Region 1 Brownfields Grantees ........................................................................................................................... 9 Passamaquoddy -
Keeping the Indian Tribal Community Together: Nation Building and Cultural Sovereignty in the Indian Casino Era
The Japanese Journal of American Studies, No. 31 (2020) Copyright © 2020 Kumiko Noguchi. All rights reserved. This work may be used, with this notice included, for noncommercial purposes. No copies of this work may be distributed, electronically or otherwise, in whole or in part, without permission from the author. Keeping the Indian Tribal Community Together: Nation Building and Cultural Sovereignty in the Indian Casino Era Kumiko NOGUCHI* The gut question has to do with the meaning of the tribe. Should it continue to be a quasi-political entity? [Should] it become primarily an economic structure? Or should it become, once again, a religious community? The future, perhaps the immediate future, will tell. — Vine Deloria Jr., For This Land: Writing on Religion in America INTRODUCTION Vine Deloria Jr., the well-known Native American intellectual proposing this “gut question” in 1999, expected that a new discussion on self-rule of the tribes among the Native American communities would come soon. His expectation came to pass when the discussion among Native American intellectuals and leaders about tribal communities was developed as a social theory after the advent of the “Indian casino era,” beginning in the late 1980s.1 The idea of Native American community development originally emerged out of the Red Power movement starting in the 1960s (weakening in the 1970s) in which Native American activists resisted federal control, which historically had ignored and destroyed Native American communities, resulting in broken families, alcoholism, and poverty. The term “Red *Assoc iate Professor, Meiji Gakuin University 133 134 KUMIKO NOGUCHI Power,” is attributed to Vine Deloria Jr.2 Red Power increased the sense of Indian pride and ushered in a new age for Native Americans to positively self-represent based on “Indian” identity. -
Place and Memory in Indigenous Resistance, 1969-1971
Wesleyan University The Honors College ‘Our Women are Brave on Alcatraz’: Place and Memory in Indigenous Resistance, 1969-1971 by Isabel Alter Class of 2017 A thesis submitted to the faculty of Wesleyan University in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Departmental Honors in History and Feminist, Gender and Sexuality Studies Middletown, Connecticut April, 2017 The Women of Alcatraz A hai – A hai – A hai Our women are brave on Alcatraz They work like the hard North Wind A hai – A hai – A hai Our women are gentle on Alcatraz They sway like the sweet South Wind A hai – A hai – A hai Our women are wise on Alcatraz They sing like the fresh East Wind A hai – A hai – A hai Our women are loving on Alcatraz They smile like the warm West Wind O, women of Alcatraz! -Dorothy Lonewolf Miller (Blackfoot) November 25, 1969 2 Table of Contents List of Figures ................................................................................................. 4 Acknowledgments .......................................................................................... 6 Introduction .................................................................................................... 7 Chapter 1: Getting to Alcatraz ...................................................................... 20 Chapter 2: Alcatraz- Indian Land ................................................................. 53 Chapter 3: Remembering ‘the Rock’ ............................................................ 87 Conclusion .................................................................................................