I just back from a delayed Saturnalia. The appellant brief in the Crazy
Horse case went out on December 29, 1995, with the spirits of those killed
at Wounded Knee. Travels to Minnesota and Wisconsin to drum up support
for efforts there. I have not yet seen the Minnesota Civil Liberties
Union challenge, so I can not as yet respond appropriately. However,
there was a brief (one hour) call-in discussion over Native America
Calling Radio program on Thursday, January 4th. The MCLU is basically
challenging the constitutionality of the Minnesota statutue. No contest
as to whether or not it applies. The administrative findings of
Hornell/Heileman/Ferolito, Vultaggio's use of the name "Crazy Horse" on a
malt liquor is "FALSE and MISLEADING" stand unchallenged and uncontested.
The "commercial free speech" rights claimed by the beer companies in their
lawsuit against the federal ban made no such finding as to misleading or
misrepresentation. This is precisely the issue here, and the 1st
Amendment offers little protection over false or misleading commercial
speech. BUT WE NOW HAVE TO GO THROUGH THE APPEALS PROCESS because of the
MCLU challenge. I believe that the beer companies' attorney is delighted
in the fact that this keeps us engaged in Minnesota court and less able to
bring the struggle elsewhere. They are heavily bankrolled and will spare
no expense. However, I believe that successfully overcoming this
constitutional challenge will allow the Mn law to stand as a model for
many other states. Interest persons willing to help on these issues
should contact groups like the Crazy Horse Defense Project (715/425-0004)
and the Campaign Against Cultural Exploitation (510 / 549 - 3709). I
would be happy to follow up on Jim Postema's suggestion. More to come...
Bob Gough