Abstract

http://ssrn.com/abstract=1133998
 
 

Footnotes (234)



 


 



Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota


Patrick M. Garry


University of South Dakota - School of Law

Candice Spurlin


University of South Dakota Law School

Jennifer Keating


affiliation not provided to SSRN

Derek Nelsen


affiliation not provided to SSRN


South Dakota Law Review, Vol. 53, No. 2, 2008

Abstract:     
This article analyzes how Indian tribal courts have incorporated First Amendment norms within tribal legal systems. Given the more traditionally communal nature of tribal societies, Indian tribal courts have taken a slightly different approach to the kind of individual rights articulated in the First Amendment. As this article demonstrates, tribal courts have elevated community interest and values when considering individual rights issues. The ways in which those interests and values have been elevated may prove instructive to those who advocate a more balanced approach to First Amendment freedoms within the U.S. judicial system.

The article examines the legal obligation imposed on Indian tribes to protect certain individual rights, and whether the First Amendment applies to Indian tribes, and finally how the Indian Civil Rights Act applies. The article analyzes how federal courts have interpreted the Indian Civil Rights Act and surveys Indian tribal court decisions concerning individual rights issues such as free speech, free press, and free exercise of religion.

The final part of the article analysis turns away from reported tribal court decisions and focuses on tribal political, social, and cultural issues relating to First Amendment-type rights. In this respect, the article focuses exclusively on the nine tribes of South Dakota, exploring how First Amendment-type issues have arisen within those tribes and how they have been resolved outside of the judicial system.

Number of Pages in PDF File: 29

Keywords: First Amendment, Indian Civil Rights Act, ICRA, Individual rights, Freedom of religion, Freedom of press, Freedom of assembly, Freedom of speech, South Dakota tribes, Tribal constitutions, Study

JEL Classification: K1, K10, K19, K30, K39

Accepted Paper Series





Download This Paper

Date posted: May 16, 2008  

Suggested Citation

Garry, Patrick M. and Spurlin, Candice and Keating, Jennifer and Nelsen, Derek, Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota. South Dakota Law Review, Vol. 53, No. 2, 2008. Available at SSRN: http://ssrn.com/abstract=1133998

Contact Information

Patrick M. Garry (Contact Author)
University of South Dakota - School of Law ( email )
414 E. Clark Street
Vermillion, SD 57069
United States
Candice J. Spurlin
University of South Dakota Law School ( email )
414 E. Clark Street
Vermillion, SD 57069
United States
Jennifer Keating
affiliation not provided to SSRN
Derek Nelsen
affiliation not provided to SSRN
Feedback to SSRN


Paper statistics
Abstract Views: 678
Downloads: 52
Download Rank: 231,660
Footnotes:  234

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds