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dismissed the Price suit. Her 33-page ruling noted, "Viking recognized that responsible publishing companies owe some duty to the public to undertake difficult but important works." Janklow's case in South Dakota was similarly dismissed. In both cases both the author and publisher were deemed to have
201:, head of the Office of Counsel to the President of the United States, to the Senate Committee on Labor and Public Welfare, saying that three Federal investigations found the allegations against him 'simply unfounded'. The Senate committee was considering Mr. Janklow's nomination as a director of the
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wrote that
Matthiessen "not only fails to convince, he inadvertently makes a strong case for Mr. Peltier's guilt. Invoking the clichés of the radical left, Mr. Matthiessen takes at face value nearly every conspiratorial claim of the movement, no matter how unfounded or preposterous. Every car crash,
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magazine considered the impact of the book. Anderson wrote: "Taken as a whole, what
Matthiessen had constructed was a vast subterranean network of conspirators—not just FBI agents, prosecutors, and judges, but apparently county coroners, stenographers, fire investigators, and Canadian Mounties—all
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Viking Press filed a countersuit against
Janklow in the Southern District of New York, which in part alleged that Janklow had interfered with the company's constitutional rights to publish and distribute the book. A South Dakota circuit court ruled that the book was not defamatory and terminated
60:." It was first published in 1983. Leonard Peltier was convicted of murder in 1977 and sentenced to life in prison for the 1975 killing of two FBI agents, after a trial which the author and many others allege was based on fabricated evidence, widespread fraud and government misconduct.
76:' and the following "Reign of Terror," and describes the 1975 'Pine Ridge Shoot–out' or 'Oglala Firefight' and the subsequent trials and their aftermath. Distribution of the book was interrupted for almost a decade while legal challenges against it were resolved.
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governor of South Dakota, filed a $ 24 million lawsuit in South Dakota. He also sued three booksellers in South Dakota who had sold hardcover copies of the book. This case was watched because of its repressive aspects related to bookselling.
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had less to do with his own actions than with underlying issues of history, racism, and economics, in particular, Indian sovereignty claims and growing opposition to massive energy development on treaty lands and dwindling
224:, 625 F. Supp. 641) in federal court, seeking $ 25 million in United States District Court for the District of South Dakota. The case was transferred to a federal court in Minnesota.
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were dismissed by the various courts and their decisions affirmed upon appeal. The lawsuits and their attendant rulings have become important and oft-cited cases in the areas of "
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197:, 788 F2d 1300) for an article that contained the disputed passage. In his complaint, referring to the statement by Banks about rape, Janklow "cited a 1975 letter from
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working in concert to destroy an AIM lieutenant because he and his movement dared, in some intangible way, to threaten the interests of white corporate
America."
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The book was well received critically. Many scholars praised
Matthiessen's veracity and accuracy, and the author's support for Leonard Peltier, AIM, and the
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David Price, an FBI agent who was at the
Wounded Knee incident, filed two identical lawsuits against Viking: one in South Dakota state court (
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every unexplained death, every unrelated arrest fits into the seamless web of deceit he seems to feel woven by the FBI and its cohorts."
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Janklow's lawsuit in 1984. Upon
Janklow's appeal of the ruling, the South Dakota State Supreme Court reinstated the case in 1985.
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The lawyers representing both
Matthiessen and Viking Press in the federal suit in Minnesota were noted
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of
Frankfurt, Garbus, Klein & Selz, New York City, with Barbara F.L. Penn, St. Paul, Minnesota.
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329:"In The Spirit of Crazy Horse By Peter Matthiessen. 628 pp. New York: The Viking Press. $ 20.95"
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Janklow's suit was based upon one paragraph in the book which has statements by AIM leader
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Whatever the nature and degree of his participation at Oglala, the ruthless persecution of
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The book was finally published in paperback in 1992 after lawsuits alleging
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251:. It was noted that Matthiessen's book was clearly one with an opinion.
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After publication of the book, two plaintiffs filed libel suits against
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The book portrays a politically violent period on the Lakota Nation's
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Edwin McDowell, "Court Battle Over Book: Viking and a
Governor,"
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Reception was not universally positive. In a review for the
273:"When Peter Matthiessen Was Silenced by his Publisher"
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referring to rape allegations made against Janklow by
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In the Minnesota case, Federal District Court Judge
104:was acknowledged and appreciated by those parties.
249:First Amendment to the United States Constitution
137:'s 1995 re-examination of the Peltier case for
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300:"Book Review: In the Spirit of Crazy Horse"
220:, Civ. No. 84-448) and an identical suit (
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72:during that time, including the 1973 '
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18:In the Spirit of Crazy Horse (book)
358:"The Martyrdom of Leonard Peltier"
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403:"Janklow Law Firm - Bill Janklow"
209:and approved by the U.S. Senate.
422:Author Is Upheld in Libel Case"
48:which chronicles "the story of
333:The New York Times Book Review
271:Wiener, John (April 7, 2014).
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70:Pine Ridge Indian Reservation
41:In the Spirit of Crazy Horse
222:Price v. Viking Press, Inc.
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203:Legal Services Corporation
178:Rosebud Indian Reservation
125:New York Times Book Review
184:in South Dakota in 1973.
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478:1983 non-fiction books
243:been protected by the
182:Crow Creek Reservation
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207:President Gerald Ford
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389:, 28 May 1983.
195:Janklow v. Newsweek
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425:The New York Times
386:The New York Times
174:Jancita Eagle Deer
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117:freedom of speech
46:Peter Matthiessen
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284:June 23,
190:Newsweek
148:Lawsuits
88:—
64:Synopsis
52:and the
363:Outside
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115:" and "
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