老澳门开奖结果

SIOUX FALLS, S.D. 鈥� South Dakota Governor Kristi Noem and Attorney General Jason Ravnsborg today backed down from their unconstitutional attempts to silence protesters. Under a settlement agreement, which was submitted for court approval today, the state agreed to never enforce current state laws that prohibit protected speech and are aimed at suppressing protests against the Keystone XL pipeline. The settlement will make permanent an earlier federal court ruling that temporarily blocked enforcement of unconstitutional provisions of the anti-protest laws.

The agreement today comes in a filed by the 老澳门开奖结果, the 老澳门开奖结果 of South Dakota and the Robins Kaplan law firm 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.

The lawsuit challenged unconstitutional provisions of several South Dakota laws, including the 鈥淩iot Boosting鈥� Act, that threatened 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 September, U.S. District Judge Lawrence L. Piersol found the anti-protest provisions of the laws unconstitutional and temporarily blocked state officials from enforcing them. Under the terms of the settlement, Noem and Ravnsborg will send a letter to the state鈥檚 attorneys in each county, telling them to direct law enforcement in their jurisdictions not to enforce the unconstitutional provisions of the laws. They will also compensate plaintiffs for attorneys鈥� fees.

Construction of the Keystone XL pipeline is likely imminent. Pre-construction activities are and a hearing on the regarding the Keystone XL pipeline, which will serve as the basis for approval of any future permits, is coming up next Monday.

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 .

An 老澳门开奖结果 blog post on today鈥檚 settlement agreement is here: /news/free-speech/south-dakota-governor-caves-on-attempted-efforts-to-silence-pipeline-protesters.

Below are comments from:

Stephen Pevar, senior staff attorney with the 老澳门开奖结果's Racial Justice Program: 鈥淭he state鈥檚 anti-protest efforts were plainly unconstitutional. This settlement helps ensure that no one has to fear the government coming after them for exercising their First Amendment right to protest. This settlement should also serve as a lesson for other legislatures considering similar anti-protest efforts.鈥�

Dallas Goldtooth, organizer, Indigenous Environmental Network: 鈥�South Dakota knew these laws couldn鈥檛 stand up to our legal challenge so rather than face embarrassment they decided to capitulate. We will celebrate this win, but remain vigilant against further government attempts to outlaw our right to peacefully assemble. We will fight on for the protection of the Oceti Sakowin people and the sacredness of Mother Earth with no hesitations.鈥�

Brendan Johnson, partner with the Robins Kaplan law firm: 鈥淏y equating peaceful organization and support of protest with 鈥榬iot boosting鈥� and incitement to riot, the government stifled our clients鈥� abilities to speak out against the Keystone XL Pipeline. We鈥檙e happy that the state recognized that these vague and overbroad laws threatened the First Amendment rights of South Dakotans on every side of the issue and that, as a result of this settlement, no one鈥檚 voices will be silenced.鈥�

Mark Winegar, South Dakota chairman, Sierra Club: "We're glad the state has backed down in its oppressive attempts to criminalize free speech. These laws clearly represented an unconstitutional attack on South Dakotans' right to peaceful protest, and it's a relief to know that they鈥檒l never be enforced."

Nick Tilsen, president and CEO, NDN Collective: 鈥淭he 鈥榬iot boosting鈥� act was an insult to the Constitution and an attempt to muzzle the voices of the people and our movement to defend Mother Earth. This settlement accomplishes everything that we set out do with the lawsuit and makes the temporary injunction a permanent one. Onward, we will continue to fight for air, land, water and our rights.鈥�

John Harter, board chair, Dakota Rural Action: 鈥淕ov. Noem and Attorney General Ravnsborg settled this case because they are clearly in the wrong 鈥� something they and the Legislature were warned of as they rushed to pass this unconstitutional law. In fact, the whole process of pushing pipelines through this state 鈥� from the use of eminent domain to benefit a foreign corporation, to cracking down on citizens protecting the land and water 鈥� violates our constitution and leaves taxpayers, once again, to foot the bill. We are proud to have stood alongside our Native allies to fight for the rights of all South Dakotans, and we thank the 老澳门开奖结果 for their work on this crucial case.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.