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On September 3rd, Journalist Amy Goodman of Democracy Now! filmed security guards attacking Native American protesters with dogs and pepper spray. The footage was widely covered, garnering significant negative press for the Dakota Access Pipeline company. Now, an arrest warrant has been issued for Goodman, charging her with criminal trespassing, a misdemeanor offense.
“This is an unacceptable violation of freedom of the press,” Goodman said in a statement posted to Democracy Now! “I was doing my job by covering pipeline guards unleashing dogs and pepper spray on Native American protesters.”
Clearly a violation of the First Amendment... by silencing media coverage.
In July, the Standing Rock Sioux tribe sued the Army Corps of Engineers over the permits granted to the developer, which put a construction site a half a mile upstream of the tribe’s reservation boundary. The tribe says that a spill from the site would be culturally and economically catastrophic, and that it endangers sacred sites and their drinking water
originally posted by: Hazardous1408
a reply to: gmoneystunt
Does the COTUS apply on Native Lands???
I'm definitely not trying to excuse these pieces of sh*t at all...
I'm just genuinely curious.
Indian Civil Rights Act (1968)
With the passage of the Indian Civil Rights Act (ICRA) in 1968, also called the Indian Bill of Rights, Native Americans were guaranteed many civil rights they had been fighting for. The ICRA supports the following:
Right to free speech, press, and assembly
Protection from unreasonable search and seizure
Right of criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses Right to hire an attorney in a criminal case
Protection against self incrimination
Protection against cruel and unusual punishment, excessive bail, incarceration of more than one year and/or a fine in excess of $5,000 for any one offense
Protection from double jeopardy or ex post facto laws
Right to a jury trial for offenses punishable by imprisonment
Equal protection under the law and due process
The U.S. Supreme Court has not yet considered whether the media have the right to follow news onto private property. Lower courts that have examined the issue have rendered widely varying opinions.
Reporters do not have a right to knowingly trespass just because they are covering the news.
Journalists need to take care to get the proper consent from the appropriate people.
Courts differ on what kind of consent to enter is required. Some courts have stated that the owner's silence alone is enough to imply consent. Others have found that police permission is sufficient if the owner is not present and cannot be asked for consent.
Over the past month, thousands of protesters, including Native Americans from more than 100 tribes across the country, have traveled to the North Dakota Standing Rock Sioux Reservation to block the Dakota Access Pipeline from being built.
The pipeline is being built near the Standing Rock Sioux Reservation near Cannon Ball, North Dakota. The tribe says the pipeline disturbs sacred sites, infringes on past treaty promises and tribal sovereignty, and is a significant danger to their water supply since it passes underneath the Missouri River — the main source of water for the reservation. An earlier proposal had the pipeline crossing the Missouri north of Bismarck, but authorities were concerned about the risk to the capital’s water supply in the advent of a pipeline spill.
originally posted by: gmoneystunt
So much for the First Amendment to the Constitution of the United 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.” That amendment applies everywhere, and to officials at every level of government—even those serving in Morton County, North Dakota.