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Cherokee Independent Press Act of 2000

Prior to the 1997 constitutional crisis of the Cherokee Nation of Oklahoma, journalists working for the tribe’s Cherokee Phoenix and Indian Advocate, then called the Cherokee Advocate, did not have any press freedoms similar to the First Amendment. However, the 2-year crisis led to a revision of the tribe’s constitution, out of which sprang the first Independent Press Act for a Native American nation. Although about 65 tribes in the United States have provisions for a free press in their constitutions, many are prohibited from acting on this provision due to tribal politics or other issues. The Cherokee Independent Press Act of 2000 for the first time guarantees journalists working for the Cherokee Phoenix newspaper the same rights and privileges that their non-Native journalist counterparts have who work under the freedoms granted by the First Amendment. This study examines the conditions that led to both the crisis and the new Act, summarizes the history of federal law restricting Native media, and explains the impact of the Cherokee law on Native American journalism. It also briefly looks at reaction to the law by other Native American tribal leaders and journalists who might be considering similar measures.