Carrigan v. Commission on Ethics

OPINION

By the Court,

Pickering, C.J.:

This case returns to us from the United States Supreme Court, Nev. Comm’n on Ethics v. Carrigan, 564 U.S. 117 (2011), which reversed our decision in Carrigan v. Comm’n on Ethics, 126 Nev. 277, 236 P.3d 616 (2010) (5-1). Where we held that Sparks City Councilman Michael Carrigan’s vote on the Lazy 8 hotel/casino project constituted protected speech under the First Amendment, 126 Nev. at 284, 236 P.3d at 621, the Supreme Court held the opposite. 564 U.S. at 121. “[T]he act of voting” by an elected offi*896cial on a local land-use matter, the Supreme Court held,…