Free Speech

The First Amendment has been in the news a lot lately.  Folks have probably heard of it, but not everyone may have studied it. So, here is a quick overview.  The First Amendment is part of the U.S. Constitution, specifically it is part of the Bill of Rights.  The amendment itself states: 

“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.” 
 

ICRA applies to all tribal officials including council, chief, governor, as well as law enforcement and court personnel, even housing authorities. So, when we talk about the first amendment and freedom of speech, that right is afforded to everyone. For example, if person A resides in Indian Island, then the Tribal Council or Tribal Chief cannot prevent A from exercising free speech because of ICRA. If person B resides in Brewer, then the federal, state, and local government cannot prevent B from exercising free speech because of the 1st Amendment. 

One thing to keep in mind is that this right does have its limits. As the saying goes, you cannot yell “Fire!” in a crowded theater and send people running if there is, in fact, no fire. Obscenity is not protected. Perjury, which is lying under oath, is not protected and is often a crime. Freedom of speech also does not include actual threats of violence or making false police reports.

This is a basic review of this interesting area of law. There are other factors to consider once you dive more deeply in to the details.