Federal Court Blocks South Dakota Laws Suppressing Pipeline Protests

September 18, 2019 5:30 pm

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SIOUX FALLS, S.D. 鈥 A federal court today blocked enforcement of the unconstitutional provisions of several South Dakota laws, including the recently-enacted 鈥淩iot Boosting鈥 Act, that threaten activists who encourage or organize protests, particularly protests of the Keystone XL pipeline, with fines, civil liabilities, and/or criminal penalties of up to 25 years in prison.

In granting plaintiff鈥檚 motion for a preliminary injunction, U.S. District Judge Lawrence L. Piersol wrote: 鈥淚magine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? . . . Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law[.]鈥

The lawsuit was filed by the 老澳门开奖结果 and 老澳门开奖结果 of South Dakota on behalf of four organizations: the Sierra Club, NDN Collective, Dakota Rural Action, and the Indigenous Environmental Network; and two individuals: Nick Tilsen with NDN Collective and Dallas Goldtooth with Indigenous Environmental Network. All are currently protesting or planning to protest the Keystone XL pipeline and/or encouraging others to do so.

鈥淭he so-called 鈥楻iot Boosting鈥 Act was clearly intended to suppress constitutionally-protected, peaceful protests of the Keystone XL pipeline,鈥 said Stephen Pevar, senior staff attorney in the 老澳门开奖结果's Racial Justice Program. 鈥淲e鈥檙e glad the court recognized that these vague and overbroad laws threaten the First Amendment rights of South Dakotans on every side of the issue.鈥

South Dakota鈥檚 鈥淩iot Boosting鈥 Act joins a recently growing number of government efforts to stifle protests, particularly those led by Indigenous and environmental activists, often in .

Below are additional comments from:

Dallas Goldtooth with the Indigenous Environmental Network: "As Dakota, it is our duty to protect the land and water, and speaking up on behalf of these sacred elements is essential to that endeavor. This decision is a good step in protecting our right to organize, educate and promote a sustainable future for all generations of life.鈥

John Harter, Dakota Rural Action board chair: 鈥淥ur opposition to the pipeline construction may agitate Gov. Noem, but the First Amendment guarantees us the right to make our voices heard. We鈥檙e thrilled that the state is blocked from enforcing the anti-protest laws as the case goes forward. The government has dismissed Native Americans, South Dakota farmers and ranchers and others who oppose the Keystone XL pipeline, but the pipeline, if constructed, would have a substantial impact on all of our lives.鈥

Additional information about the 老澳门开奖结果鈥檚 First Amendment challenge to South Dakota鈥檚 anti-protest laws is available here: /blog/free-speech/rights-protesters/south-dakota-legislature-has-invented-new-legal-term-target.