Atop the highest hill in Pawhuska, Okla., sits the uncertain future of the Osage News and the Congress that holds its fate.
The Hill, as it is known to tribal members, is where Congress and tribal officials shape the community with its almost two-year-old constitutional government.
It was atop that hill one week ago where the Congress cut off funding for distribution of the tribe's only news.
The Hill is also where Principal Chief of the Osage Tribe Jim Gray vetoed the Independent Press Act of 2008, calling it "unconstitutional." It is one of many actions that tribal members like Ryan Red Corn disagrees with.
"There's a lot of stuff that happens up on The Hill," said Red Corn, an entrepreneur of sorts and son of a congressman and stepson to the owner of The Bigheart Times [1], an independent weekly that publishes news from Osage County.
The most recent "stuff" was a returned tribal court ruling in favor of Gray's veto of the bill that would allow the Osage Nation to have a free and independent press. Gray had argued that the bill violated the constitution.
The court ruling by Judge Marvin E. Stepson argued that the Congress bill "abridges the freedom of speech and of the press [provisions of the Osage constitution] because the Act establishes a newspaper operated by an Editorial Board, whose structure is determined by the Act, and who is duty-bound to report on matters pre-determined and regulated by and through the Act." In effect, Stepson found, Congress was predicting what the paper's content would be and, therefore, not demonstrating a free and independent press.
But Red Corn said that doesn't mean Congress doesn't want an independent press. "I would argue that there are members of Congress that do want a free press," Red Corn said. "On one hand it's a control issue."
Controversial Ad
Red Corn created a controversial ad for local papers that depicts a drawing of legendary Osage Chief Bacon Rind with his mouth scribbled out, under the words, "Give Us a Free Press."
Red Corn's father is Osage Congressman Raymond Red Corn, who withdrew from voting about anything dealing with the tribal newspaper because of a conflict of interest. Raymond Red Corn's wife, Louise Red Corn, owns The Bigheart Times.
Louise Red Corn is a former reporter for the Detroit Free Press and Tulsa World. She said that, as a newswoman, she just wants what's right for the Osage people. She has openly criticized the Osage government's decision even though her husband has a part in the government.
"I thought it was outrageous that they pulled funding for the Osage News," Louise Red Corn said. "If I were a member of the tribe, I would certainly find it valuable. When I look at the Osage News, I see a pretty tame publication. There's nothing offensive in it."
The Osage News is considered to be the main source of information for about 10,000 readers, most of whom don't live in the area and receive the publication by mail.
Since the court ruling made its way back to The Hill, Speaker of the Osage Nation Congress Archie Mason said there has been little talk and action.
"It's silent here," Mason said, adding that there has been no talk of the Congress submitting an appeal of the ruling.
But Mason said the silence shouldn't be taken the wrong way. "We support the paper, first of all, and the ability to share information with constituents," Mason said. "There'll be a time when we'll get this thing worked out."
But Gray said that without a clear understanding of the situation, that might not be possible. Gray said because he vetoed the act and filed for interpretation, some thought he does not want a free and independent press when, in fact, it was something he was in favor of from the beginning.
"[I said] they want a free and independent press? Then we'll give them one," Gray said. "I know what the free press looks like. What they've done up on that bill doesn't get you there."
Which is exactly why Gray said he vetoed it and asked for a court ruling.
Gray's Career in Newspapers
Before he was elected principal chief, Gray was a journalist himself. Before becoming co-publisher of the Native American Times, he spent 12 years in the newspaper business. He held the title into his position as chief and realized he had to choose one or the other.
He said his knowledge of the U.S. Constitution's First Amendment made him feel the need to veto the bill.
"When they drafted this bill and introduced it, they didn't consult with us (the executive branch). It was a group think," Gray said. "We thought we had a legitimate issue that we wanted the court to weigh in on.
"They wanted free and independent. It didn't measure up to its title," Gray said.
Gray said his problem was not with Congress wanting a free and independent press for the tribe but rather with how Congress presented it.
"I think they just wrote a bad bill," Gray said. "I can tell you this was drafted in the heat of passion. I believe in establishing an independent press, but with most tribes it's a struggle. We've got to find the compromise."
Mason agrees.
"I think where differences lie is how it is presented," Mason said. "It was a new experience and there are still more experiences [to come]."
And for community members and tribal officials alike, new experiences, good and bad, come with the new government.
Ryan Red Corn said, "I was furious. The action certain members of our government have taken, it's really pitiful."
Red Corn said he agrees that the new government will experience some growing pains, but if there's any progress to be made it will be made in time.
"The free press is inevitable. They've made mentioned toward a free press, they've made small steps, but they have been small and slow," Red Corn said. "A lot of people are just shaking their heads. For it to come to this, the fact is that as a whole it's disappointing to see our elected leaders fall short on something like this.
"A lot of people say that's just how things are and it's never going change. But I don't believe that."
But with change comes great sacrifice, and that's what Gray says the government isn't used to.
"For a long time, the tribal government could do whatever they wanted to," Gray said. "There's a lot of things about having a constitutional government that are new to the Osage people. Naturally, a constitutional government is going to be a shock to the people."
The shock of the free press debate is not likely to be the last one to come from The Hill.