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- Title
THE CHRONIC EFFECT OF"KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR V. FLEMING.
- Authors
MERRILL, SAMANTHA J.
- Abstract
The District Court of South Dakota has found that the wearing of cultural regalia is a protected First Amendment Expression, but that such an expression can be prohibited at a graduation ceremony based on the pedagogical interests of a public high school. The District Court found, in the case of Dreaming Bear v. Fleming, the Dataphasefactors did not support awarding a preliminary injunction that would allow such expression. However, when weighing the Dataphase factors, the District Court failed to account for important historical. statistical. and sociological facts that it should have examined in the Dataphase analysis. Based on unconsidered factors and the misapplication of the Dataphase test, the District Court should have granted a preliminary injunction to Mr. Dreaming Bear and, therefore, allowed him to wear his traditional regalia while graduating.
- Subjects
FREEDOM of expression lawsuits; LEGAL judgments; PRELIMINARY injunctions; FREEDOM of expression; UNITED States. Constitution. 1st Amendment
- Publication
South Dakota Law Review, 2021, Vol 66, Issue 2, p361
- ISSN
0038-3325
- Publication type
Article