Supreme Court established three principles to measure Congress's intent to diminish a reservation. It decided that opening up reservation lands for settlement by non-Indians does not constitute the intent to diminish reservation boundaries and therefore reservation boundaries would not be diminished unless specifically determined through legislation. County of Oneida v. Oneida Indian Nation of New York State, Indian tribes have a federal common law cause of action, not preempted by the Nonintercourse Act, for possessory claims based upon aboriginal title; such action is not barred by limitations, abatement, ratification or nonjusticiability, and due to the Eleventh Amendment, there is no ancillary jurisdiction for counties' cross-claims against a state. Lyng v. Northwest Indian Cemetery Protective Association, The American Indian Religious Freedom Act of 1978 (AIRFA) does not create a cause of action under which to sue, nor does it contain any judicially enforceable rights. United States v. Lara, As an Indian tribe and the United States are separate sovereigns, both the United States and a Native American (Indian) tribe can prosecute an Indian for the same acts that constituted crimes in both jurisdictions without invoking double jeopardy if the actions of the accused violated Federal law. Herrera v. Wyoming, Wyoming's statehood did not void the Crow Tribe's right to hunt on "unoccupied lands of the United States" under an 1868 treaty, and that the Bighorn National Forest did not automatically become "occupied" when the forest was created. McGirt v. Oklahoma Oklahoma's land reserved for the Creek Nation since the 19th century remains "Indian country". Native Americans residing in the reservation cannot be criminally prosecuted by the state of Oklahoma. Sharp v. Murphy Oklahoma's land reserved for the Creek Nation since the 19th century remains "Indian country". Native Americans residing in the reservation cannot be criminally prosecuted by the state of Oklahoma. Reaffirms McGirt v. Oklahoma United States v. Cooley Native American tribal governments and police have the power to search and detain non-Native individuals suspected of violating state or federal laws on tribal lands. First Amendment rights General aspects National Socialist Party of America v. Village of Skokie, If a state seeks to impose an injunction in the face of a substantial claim of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such immediate review, the appellate court must grant a stay of any lower court order restricting the exercise of speech and assembly rights.