New Mexico Indian Oversight Hearings: Hearings Before the Subcommittee on Indian Affairs of ..., 93-1 .... |
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administration agency American Indian Court Apache Apache Tribe area office arrest ATENCIO attorney authority bill Bill of Attainder Bureau of Indian Chairman Civil Rights Act Commission committee Congress congressional constitutional convicted counsel Court Judges Association court system crime criminal defendant Director double jeopardy evidence Facts Federal Government Fifth Amendment Fourth Amendment freedom of speech funds Giordenello going Governor guilty hearings Held illegal Indian Affairs Indian Civil Rights Indian Court Judges Indian reservations Indian tribes Issue jurisdiction justice land legislation LUJAN ment Mexico Navajo Tribal Council Navajo Tribe non-Indians offense person police present probable cause problems procedures programs prosecution protection Pueblo punishment question Reasons religious Santo Domingo Pueblo searches and seizures Senator ABOUREZK Senator Montoya sentence statement testimony tion Tribal Council tribal courts tribal governments unconstitutional restraint UNITED unreasonable searches violation water rights witness
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Էջ 731 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.
Էջ 744 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas : that the best test of truth is the power of the thought to get itself accepted in the competition of the market; and that truth is the only ground upon which their wishes safely can be carried out.
Էջ 748 - Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.
Էջ 744 - ... the ultimate good desired is better reached by free trade in ideas, — that the best test of truth is the power of the thought to get itself accepted in the competition of the market ; and that truth is the only ground upon which their wishes safely can be carried out.
Էջ 755 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Էջ 743 - The right of a State to regulate, for example, a public utility may well include, so far as the due process test is concerned, power to impose all of the restrictions which a legislature may have a 'rational basis' for adopting. But freedoms of speech and of press, of assembly, and of worship may not be infringed on such slender grounds. They are susceptible of restriction only to prevent grave and immediate danger to interests which the State may lawfully protect.
Էջ 821 - He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Էջ 745 - The case confronts us again with the duty our system places on this Court to say where the individual's freedom ends and the State's power begins. Choice on that border, now as always delicate, is perhaps more so where the usual presumption supporting legislation is balanced by the preferred place given in our scheme to the great, the indispensable democratic freedoms secured by the First Amendment.
Էջ 817 - The Fourteenth Amendment secures against state invasion the same privilege that the Fifth Amendment guarantees against federal infringement — the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty, as held in Twining, for such silence.
Էջ 638 - The time has come to break decisively with the past and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions.