Appeals Court Oks ‘Crazy Horse’ Beer

State law banning the use of the name Crazy Horse for malt liquor violates the First Amendment right to free speech, an appeals court ruled Tuesday.

The state Court of Appeals said the Legislature failed to explain why its 1994 law barring only American Indian names protects the public. The law is “impermissibly content-based, and, therefore, invalid,” the court held.

Minnesota banned Crazy Horse Malt Liquor in late 1995, after protests from American Indian leaders and the estate of Crazy Horse, a revered 19th century Oglala war chief who opposed the use of alcohol by his people.

The law allowed the state to reject or revoke registration of a malt liquor brand if it states or implies a false or misleading connection with an American Indian leader, living or dead.