United States v. Charlie Top Sky

Charlie Top Sky and Lloyd C. Top Sky, father and son, members of the Chippewa-Cree Tribe, were charged in separate indictments with selling golden eagles and golden eagle feathers and parts in violation of the Bald Eagle Protection Act, 16 U.S.C. § 668 (Supp. V, 1975), amending 16 U.S.C. § 668. Both filed motions to dismiss on the grounds that their conduct was protected by the Fort Bridger Treaty of July 3, 1868, 15 Stat. 673, and, alternatively, that the Bald Eagle Protection Act violated the “Free Exercise” clause of the First Amendment with respect to the Original Native American Church.…