Nally v. Graham

Summary

Jared Nally is a student and editor-in-chief of the student newspaper at Haskell Indian Nations University. On October 16, 2020, Nally received a “directive” from Haskell President Ronald Graham ordering him not to attack any student, faculty member or staff member with letters or in public, make demands of any governmental agency while claiming to represent the student newspaper, attempt to countermand decisions of Haskell personnel, or record anyone at Haskell in interviews unless first advising them and receiving their permission. The directive was met with opposition from the Foundation for Individual Rights in Education, the Native American Journalists Association, and the Student Press Law Center. On January 13, 2021, Nally received a letter from Graham rescinding his directive and conceding that the university “took an incorrect approach” in sending out the directive.

On March 2, 2021, Nally filed a lawsuit against Haskell Indian Nations University, Graham, and the Director of the Bureau of Indian Education, alleging First Amendment retaliation, violation of due process, that the campus expression policy is overbroad, and that the student code of conduct is unconstitutionally vague. On June 1, 2021, Graham filed a Motion to Dismiss for Failure to State a Claim. On February 9, 2022, Nally agreed to a settlement that included a federal consent decree in which university officials agreed not to issue any directives related to First Amendment rights or to engage in any kind of retaliation.