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NEVADA COMMISSION ON ETHICS v. CARRIGAN

Docket No.: 10-568
Certiorari Granted: 01/07/11
Argued: April 27, 2011
Decided: 06/13/11

Topics:

ADA, Article I, First Amendment, judicial review, retaliation

PartyNames: Nevada Commission on Ethics v. Michael A. Carrigan
Petitioner: Nevada Commission on Ethics
Respondent: Michael A. Carrigan

Court Below: Supreme Court of Nevada
Citation: 236 P.3d 616

Nevada Commission on Ethics
v.
Michael A. Carrigan
Background:

The Nevada Supreme Court held that the vote of an elected official is protected speech under the First Amendment and that the recusal provision of the Nevada Ethics in Government Law is subject to strict scrutiny. Under that standard of review, the court concluded that a portion of the recusal statute was overbroad and facially unconstitutional.

Question Presented:

Whether the First Amendment subjects state restrictions on voting by elected officials to (i) strict scrutiny, as held by the Nevada Supreme Court and the Fifth Circuit, (ii) the balancing test of Pickering v. Board of Education, 391 U.S. 563 (1968), for government-employee speech, as held by the First, Second, and Ninth Circuits, or (iii) rational-basis review, as held by the Seventh and Eighth Circuits.

Question:

Does the First Amendment subject state restrictions on voting by elected officials to strict scrutiny?

NEVADA COMMISSION ON ETHICS v. CARRIGAN
ORAL ARGUMENT

04/27/11

Listen to Oral Argument in NEVADA COMMISSION ON ETHICS v. CARRIGAN
Holding: reversed and remanded
Vote: 9-0
Opinion By:
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