Haskell Indian Nations University: President of Federally Operated University Threatens Student Journalist With Discipline Under Unlawful Speech Code
In the fall of 2020, student journalist Jared Nally drew the ire of Haskell Indian Nations University President Ronald Graham. After Nally’s reporting criticized Haskell, Graham issued a “Directive” forbidding Nally from engaging in standard newsgathering activities like recording interviews or asking questions of public officials. Graham’s Directive threatened Nally with discipline if he engaged in these and other constitutionally protected activities, or failed to show members of the Haskell community the “highest respect.”
Graham’s threat referenced Haskell’s Code of Student Conduct, which promises students the expressive rights they are due under the First Amendment — with a catch. Under Haskell’s Campus Expression policy, student speech is only permissible if it is “consistent with Haskell’s CIRCLE values,” namely, Communication, Integrity, Respect, Collaboration, Leadership, and Excellence. But the First Amendment cannot take a back seat to amorphous, subjective values like “integrity” or “respect.” Graham rescinded the directive — but only after a letter from FIRE and an inexcusable 90-day delay, due to an “administrative error.”
Haskell has also imposed financial and administrative hurdles to the operations of The Indian Leader, the award-winning student newspaper of which Nally is editor-in-chief, as a result of their reporting. Without any notice or explanation, Haskell withheld more than $10,000 from the paper’s expected funds. Since January 2020, even after repeated requests, Haskell has only provided the paper with access to its student bank account a handful of times. The paper has not been able to regularly or reliably access the account or the funds therein, making it impossible to budget its operations. Haskell has also failed to recognize The Indian Leader as an official student organization, even though the paper submitted its required renewal materials at the beginning of September.
On March 2, 2021, on the heels of Student Press Freedom Day 2021, Nally and The Indian Leader — represented by FIRE — sued Haskell, Graham, and federal officials challenging Graham’s retaliation against the plaintiffs for engaging in protected activity as well as the university’s policies on student expressive rights. In bringing this lawsuit, Nally and The Indian Leader seek to hold Haskell’s leadership accountable for flagrantly violating clearly established First Amendment rights — and make sure students and student journalists at Haskell and nationwide can ask questions, report the news, and talk with each other about what matters most to them.