Legal Opinion

Nevada Commission on Ethics v. Carrigan

Supreme Court of the United States

Decided June 13, 2011No. 10-568PublishedCited by 105 opinions

1Opinion of the CourtJustice Scalia

The Nevada Supreme Court invalidated a recusal provision of the State’s Ethics in Government Law as unconstitutionally overbroad in violation of the First Amendment. We consider whether legislators have a personal, First Amendment right to vote on any given matter.

I

Nevada’s Ethics in Government Law provides that a public, officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by,” inter alia, “[h]is…

2Cases cited26 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Baldwin v. ReeseSupreme Court of the United States · 2004
  4. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  5. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984

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3Cited by105 opinions

  1. New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
  2. In Re: Honorable John Kemp v.Court of Appeals for the Eighth Circuit · 2018
  3. Nancy Carola Jacobsen v. Florida Secretary of StateCourt of Appeals for the Eleventh Circuit · 2020
  4. Anthony Daunt v. Jocelyn BensonCourt of Appeals for the Sixth Circuit · 2021
  5. United States v. BruneCourt of Appeals for the Tenth Circuit · 2014

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