Big deal. The entire world is built of nations who conquered other peoples to claim the land. You think all Indian tribes were native here, or that they did not fight among each other and lay claims? Silly.
It's safe to say they lost. They lost so long ago you would have to be a fucking moron to claim that somehow they are "still" fighting. Any prof of any tribes still fighting off terrorism? Not to mention tribes killed each other all the time for food, chicks, and just because they could... It's not as if all or even most " Native Americans" were united.
So no, your not testing the first amendment past testing how much ignorance people are willing to put up with before telling you to fuck off.