NAJA Legal Hotline for Journalists
The mission of the NAJA Legal Hotline for Journalists is to serve NAJA members who meet program qualifications and want information and resources regarding media, journalism and issues about freedoms of speech, press, and information, especially in Indian Country.
This "hotline" does not provide legal services or advice, but is a channel to help members contact those who can provide legal services or advice.
Certain legal services are provided for free, or pro bono, by Matthew E. Kelley (Ojibwe), an attorney at Levine Sullivan Koch & Schulz, L.L.P., a noted First Amendment defense firm located in Washington, D.C.
The hotline’s intake liaison is Kevin R. Kemper (Choctaw/Cherokee), a journalism legal scholar, consultant, and former journalist from Oklahoma.
Kemper, a licensed lay advocate in Pascua Yaqui Tribal Courts in Arizona, is also available to consult with licensed attorneys and to practice lay advocacy in tribal jurisdictions wherever he can be licensed. There are also numerous attorneys and others around the United States who have promised to be available to members as necessary.
NAJA members may access the hotline by calling 405-872-6107 or through email at: [email protected].
Please see the Frequently Asked Questions (FAQ) about the hotline below.
- Q: How does the NAJA Legal Hotline for Journalists work?
A: When you have a legal question, just dial the hotline number at 405-872-6107 and speak to Kevin R. Kemper, NAJA legal hotline liaison. Members may also send an email to [email protected]. Members must identify themselves by name, home address, email, telephone number, tribal affiliation and NAJA membership status.
After membership has been confirmed, the member can then relay their issue to the intake liaison who will then contact an attorney for review and availability. The liaison will also ensure a timely connection between member and attorney occurs.
All information relayed to the liaison and attorney is considered to be confidential, except that a general report is given regularly to the NAJA Board of Directors in order to provide basic and confidential demographic information. This information is used to determine future needs of the service. If new facts subsequently develop or something was missed during the initial intake session, members may contact the liaison again and go over any additional information related to the legal matter.
- Q: Who is eligible to receive this free service?
A: Anyone interested in the law and ethics of journalism in Indian Country can call or email to receive helpful information, though certain free legal services from providers are available only to NAJA members. NAJA wants all journalists and their sources to know their rights and responsibilities when dealing with Native Americans.
- Q: Who is eligible for the pro bono legal advice by Levine, Sullivan, Koch & Schulz?
A: Any NAJA member in good standing can receive this advice, as long as no legal conflicts of interest exist and as long as their issues fall into the scope of the program. You have to sign an appropriate form before you are put into contact with an attorney.
- Q: What type of legal issues may be discussed on the hotline?
A: The primary focus of the hotline is law and journalism, mass communication, and communication policy in Indian Country. Issues could include things like whether a tribal council can approve content before publication (prior restraint), how to access meetings, or who owns intellectual property created by a freelancer, etc. Please note that the hotline is not an arena for personal legal issues that do not involve journalism, mass communication, or communication. The main function of the legal hotline is to support NAJA members while they are doing their work when an attorney does not otherwise represent them.
Levine Sullivan Koch & Schulz, L.L.P., as part of the pro bono services for NAJA members, specifically can provide pre-publication counseling involving issues such as libel, invasion of privacy, and copyright infringement, and freedom of information and access counseling. Members may seek to retain LSKS on other matters, or ask the hotline to connect them with other firms or attorneys, depending on the type of problem.
- Q: What if my issue or question doesn't fit into the provided services?
- Q: How much does utilizing the hotline cost?
A: Access to the NAJA Legal Hotline for Journalists is free as an added benefit to NAJA membership. However, If members choose to retain an attorney beyond available free services, they are responsible for arranging payment with the attorney.
- Q: How did the NAJA Legal Hotline for Journalists begin?
A: Since its creation, the Native American Journalists Association has served as a way for members to gain encouragement and knowledge as they battle free press issues.
Tribal governments have fired members. Access to meetings and records has been restricted. Many times, tribal governments, even those with free press protections in their constitutions, have carried out these actions. Legal representation can become expensive and at times, NAJA members have personally defended their own rights in court.
Leaders like Richard LaCourse (Yakama) lobbied decades ago for the creation of the free legal hotline. Thus, NAJA leaders felt this service was long overdue.
- Q: When did service begin?
A: Unofficially, calls have come into the NAJA office and to members like Kevin R. Kemper (Choctaw/Cherokee) for years, but NAJA officially launched the hotline as an added member service at the National Native Media Conference in Tempe, Ariz., July 19, 2013.
It has continued without interruption since, as NAJA has the intention for this to be a permanent benefit for members as it continues its commitment to freedoms of press and information in Indian Country.
- Q: Who is a NAJA member in good standing?
A: A NAJA member in good standing is one who is current on his or her dues and has submitted an updated membership application with all required information to the NAJA office.
- Q: Who is responsible for the work of an attorney?
A: Once a NAJA member has retained an attorney or law firm for representation, professional ethics prohibit NAJA from discussing your legal issue. Also, the attorney or law firm a member hires, and not the "Native American Journalists Association" or ITS AGENTS, SERVANTS AND EMPLOYEES, will be responsible to you for the work your retained attorney or law firm does for any member or the outcome achieved.