PIERRE, S.D. — Anti-pipeline-protest legislation that opponents say could chill free speech in South Dakota is on its way to Gov. Kristi Noem for a signature. The legislation was introduced by Noem days before the session ended - while many tribal members who opposed the bills were across the country on other business.

Senate Bill 189 establishes civil penalties for "riot boosting," or contributing money to or encouraging violent pipeline protesters. Libby Skarin, policy director with the American Civil Liberties Union of South Dakota, believes the rushed legislation goes further to stifle free speech than just pipeline protests.

"The way this bill is written, it is clear that it will be able to be used to wrap up people who are merely speaking, who are using their First Amendment rights to speak up and protest pipelines or whatever else might happen in the future,” Skarin said. “So, this is not going to be solely related to pipelines."

A second bill creates a funding source for the state to recoup any "extraordinary costs," such as the millions faced by North Dakota after hundreds were arrested during protests of the Keystone XL pipeline. South Dakota tribal chairmen say they were not consulted about the bills, despite the governor's promise to work with them in her January inaugural speech.

The bills would protect the nearly 1,200-mile long Keystone XL pipeline, a planned TransCanada project that would slice through the state and carry 830,000 barrels of crude oil per day. Skarin said representatives of the Great Plains Tribal Chairman's Association, representing the leaders of 16 tribes in the region, also were not consulted about the legislation.

"A lot of the tribal chairmen in South Dakota were actually in Washington, D.C., as part of their official duties,” she said. “So, this bill was pushed through arguably in the one week when a lot of the leaders of the tribes could not physically be present in Pierre."

Cheyenne River Sioux Tribe lobbyist Remi Bald Eagle told a legislative committee the bills send a message that South Dakota is "more interested in getting paid to suppress its citizens' rights than it is paying attention to the rights of its citizens." He added the tribe does not support riots, but rather, encourages peaceful public assembly.


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By nearly every measure, voter fraud in U.S. elections is rare, but that isn't stopping the Texas Legislature from considering dozens of bills this session, some of which a voter rights group calls "extreme."

The Texas Republican Party has made election security one of its legislative priorities this year, with bills introduced to further restrict access to the ballot box. In contrast, Democrats are pushing legislation to expand voting access.

Texas ACLU senior attorney Matt Simpson said he believes some of the bills, including one to change the penalty for illegal voting from a misdemeanor to a felony, will create fear and intimidate people at the polls.

"If you take a step back, and you try to identify where the election fraud is that's being targeted - all of these proposals, more or less, amount to solutions in search of a problem," he said, "and Texas hasn't really had an election-fraud problem."

Following the defeat of Donald Trump by President Joe Biden in 2020, Texas' GOP-dominated Legislature approved multiple new voting restrictions including rules for voting by mail, a prohibition on drive-through and 24-hour voting, and a reduction in local initiatives meant to make it easier to vote.

One Republican proposal would create a new law-enforcement unit to prosecute election crimes, modeled after a law authorized by Florida's Republican governor. The Texas unit, to be led by state "election marshals," would prosecute election and voting crimes.

Simpson, who has monitored actions at the Capitol since 2009, isn't convinced it's needed.

"There's, like, a very small segment of Republican voters that that's a priority for," he said, "and yet we're seeing just this large number of proposals - a lot of conversation about it - and I just wonder where the mismatch is."

A 359-page audit of the 2020 election was released by the Texas secretary of state's office. It reviewed the two largest Democratic counties and two largest Republican ones and found some "irregularities," but concluded they were largely related to holding an election during a pandemic.

North Dakota is expected to see continued debate in the coming weeks over a plan to ban certain items from public libraries.

While the plan has its supporters, there appears to be a large amount of opposition amid concerns surrounding censorship. The proposal would ban what are described as "sexually explicit books."

The bill's supporters said they are especially concerned about children accessing certain materials, pointing to a well-known illustrated book advising teens on sex-related topics.

Cody Schuler, advocacy manager for the ACLU of North Dakota, said this approach is problematic, adding it is a First Amendment issue.

"When we tell someone else what to think, when we impose our religious or moral beliefs on other individuals, that's infringing on freedom of thought," Schuler pointed out.

He added there is no practical way to enforce the proposed law. The bill also seeks to ban books with visuals dealing with matters such as gender identity. The measure's Republican sponsor testified he believes it is not a political issue, but rather a way to protect kids.

However, the American Library Association has argued a national movement to ban books is part of a coordinated effort to silence marginalized voices and deprive young people of a chance to learn about challenging matters.

Despite what the bill's sponsor said, Schuler feels it is a "culture-war" issue, which is not needed. He argued it is because many of the examples provided by supporters do not meet the legal definition of pornography.

"A children's book talking about human sexuality that would have friendly drawings, that would help children understand their bodies, is not child pornography, is not obscene," Schuler argued.

The ACLU added the U.S. Supreme Court has raised the bar very high when it comes to the constitution and defining obscenity.

Most of those who testified during a committee hearing on the bill this week opposed the idea, with some saying if children do not receive adequate sexual education in their school, they need another place to lean important information.

Black teenagers ages 15 to 17 are six times more likely to be searched by police compared with their white counterparts, according to a report from the California Racial and Identity Profiling Advisory Board released this week.

The board crunched the numbers from more than 3 million traffic and pedestrian stops done in 2021 by 58 police agencies.

Melanie Ochoa, outgoing vice chair of the board and the director of police practices for the ACLU of Southern California, said about 94% of police stops were self-initiated, not in response to a call for service. And 87% of those are traffic stops.

"It's a low-hanging fruit," Ochoa contended. "It's easy to find someone who is potentially committing a traffic violation, when it's actually intended to do more basic searches without any evidence of other criminal activity being present at the time."

The data showed Black people were stopped at more than twice their percentage in the population, and Latinx people at 7% more, whereas white people were stopped at 4% less than their population level. The report recommended police agencies cease making what are called "pre-textual" stops, where there is no reasonable suspicion or probable cause of criminal activity.

Ochoa added research shows contact with law enforcement can be traumatic.

"Interacting with officers correlates with higher distress, anxiety, trauma, depression, increased risk of suicidal ideation, paranoia, post-traumatic stress and trauma-induced sleep deprivation, particularly for youth," Ochoa explained.

The Los Angeles Police Department revised its policies last year to reduce the number of pretextual stops. The report also recommended police agencies move to ban so-called consent searches, and instead limit searches to cases where there is probable cause.


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