On Public Display of Native American Indian Human Remains (2005)

AG Opinion on Public Display of Native American Indian Human Remains (2005) 

Opinion Summary:
1. The broadcast of video images of Native American Indian human remains as part of
news coverage does not violate Tenn. Code Ann. § 11-6-117.

2. The showing of photographic slides of Native American Indian human remains at burial sites for educational purposes in classrooms or in adult education does not violate Tenn. Code Ann. § 11-6-117.

3. The term “public exhibition or display” as used in Tenn. Code Ann. § 11-6-117 applies to exhibits or displays of actual human remains rather than to photographs of human remains.

4. Native American Indian human remains in the possession of the Division of Archaeology are not “public records” within the meaning of Tenn. Code Ann. § 10-7-301. Photographs of such remains taken in the ordinary course of work done by the Division of Archaeology are “public records” within the meaning of Tenn. Code Ann. § 10-7-301.

5. The use of actual Native American Indian human remains in a classroom setting constitutes “public exhibition or display” within the meaning of Tenn. Code Ann. § 11-6-117.