AboutMichael Troy Expertise I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations Former Attorney for Center for Individual Rights.
Publications Washington Post
Washington Times
Education/Credentials J.D. from Univ. of Michigan Law School
Expert: Michael Troy Date: 6/13/2008 Subject: preparing a petition under rights of referendum
Question Our tribal constitution guarantees the general council rights of referendum. I live 3000 miles away from the rez and we have voting tribal members, (general council) scattered over many states. I have requested a resolution from the tribal council, (elected) for contact info for all eligible voting members of the tribe. If the tribal council denies my request, are they infringing on my rights of free speech? I have no way of exercising my guaranteed right of power of referendum without contacting tribal members.
Answer Hi Brady,
I don't claim to be an expert in tribal law, nor can I really give any specific legal advice in this forum.
However, generally speaking, I don't think sovereign Indian tribes are bound by the First Amendment restrictions placed on the federal government, and on the States via the Fourteenth Amendment. There are some general free speech rights that derive from the Indian Civil Rights Act of 1968, but I really don't have any experience with that.
Also, even if there is a general free speech right, courts have not construed the First Amendment in most cases to assist individuals in communicating with others. If you were specifically denied access which other people got, simply because of your political views, that could raise an issue, but if a government did not give this to anyone as a matter of policy, I don't see how a court would hold that violated free speech rights.
Sorry I can't be more specific, but hope this helps.
