A. Tribal courts in the jurisdiction


The Indian Civil Rights Act of 1968 guarantees rights similar to the First Amendment, providing that “[n]o Indian tribe in exercising powers of self-government shall … make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances.” 25 U.S.C. §1302. However, tribal courts interpret the ICRA in a variety of ways, and tribes retain the right to exclude nonmember journalists from tribal property. See, generally, Reporters Committee for Freedom of the Press, A Reporters Guide to American Indian Law, http://www.rcfp.org/americanindian/index.html.

6th Cir.