Asked in Native American Law and Constitutional Law

Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.

This derogatory term been picked up by alt right. As a Native, I find this to be a racial slur & indefensible. Used to demean Warren, showing contempt for Natives. I am far beyond tolerating sports teams and fashion that misappropriate my culture in disrespect and disdain. Trump obviously sees calling a white woman "Pocahontas" as an insult. One of the few Native women included in history and well known, degraded and used as if insinuating that being called Native is shameful. Trump has entirely ignored the indigenous Americans, not even recognizing them in discussions on cultural diversity. I am Canadian, but have the right to get a US social insurance number and work or reside in the US. What can be done to fight this? I can't ignore this blatant and hateful reference to Natives, can he & other users of this slur be sued? I am distraught that the one time he recognizes the existence of Natives is to defame Pocahontas, and Natives everywhere. What can be done? Thank you.

1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
  • Criminal Law Lawyer
  • Oklahoma City, OK

A: There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.

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