Tag Archives: First Amendment

Suit against South Dakota’s “Riot Boosting” Law

Here are the materials in Dakota Rural Action v. Noem (D.S.D.): 1 Complaint 1-1 (Exhibit A Rioting Boosting Act)

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

Here are the materials in Fontenot v. Hunter (W.D. Okla.): 1 Complaint 33 Ps Motion for Summary Judgment 35 Oklahoma Motion for Summary Judgment 39 Ps Response 41 State Response 42 State Reply 43 Ps Reply 47 DCT Order An … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , ,

Leonard Peltier Free Speech Claims against State of Washington for Removing His Paintings from Exhibit Survive Summary Judgment Motion

Here are the materials in Peltier v. Sacks (W.D. Wash.): 42 defendant motion for summary j 51 response 52-4 painting one 52-5 painting two 52-6 painting three 53 reply 54 dct order Earlier post on this matter here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , ,

ATL: State Legislatures Trying to Use Dakota Access Pipeline Protests as Excuse for Statutory Limits on Progressive or Anti-Fascist Speech

Here.

Posted in Author: Matthew L.M. Fletcher, News | Tagged , , ,

Federal Court Orders Cancellation of Washington Football Team’s Trademarks Registration

Here are the materials in Pro-Football, Inc. v. Blackhorse (E.D. Va.): 53 DCT Order on Briefing Schedule 56 Pro-Football Motion for Summary J on Constitutional Claims 71 Blackhorse Motion for Partial Summary J 100 Pro-Football Cross Motion 106 Blackhorse Second … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , ,

Federal Court Affirms Oklahoma School’s Refusal to Allow Native High School Graduate to Wear Eagle Feather on Graduation Cap

Here is the order in Griffith v. Caney Valley Public Schools (N.D. Okla.): 22. Order and Opinion (5-20-15) Prior materials here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , | 1 Comment

Federal Circuit to Decide En Banc if Lanham Act § 2(a) Banning “Disparaging” Marks is Constitutional

Here are the materials in In re Tam: CAFED Panel Opinion Sue Sponte Hearing En Banc Order Panel materials: Tam Opening Brief USPTO Brief Tam Reply

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , ,

Washington Football Team Argues Lanham Act/TTAB Decision Violates First and Fifth Amendments

Here is the opening brief in Pro-Football Inc. v. Blackhorse (E.D. Va.): 53 DCT Order on Briefing Schedule 56 Pro-Football Motion for Summary J on Constitutional Claims According to the briefing schedules, briefs are going to be flying fast and … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , | 1 Comment

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt: In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , ,

Update in South Dakota Prisoner Litigation– No Stay on Appeal and Attorney Fees Award

Here are the new materials in Native American Council of Tribes v. Weber (D. S.D.): DCT Order on Stay and Attorney Fees Prior materials are here, here, here, and here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , , | 1 Comment