Legal Opinion · Dissent

Carrigan v. Commission on Ethics

Nevada Supreme Court

Decided July 29, 2010No. 51920Published

1DissentPickering, J.

Before today, no published decision has held that an elected local official engages in core political speech when he or she votes on an individual land use matter. Likewise, no published decision *289reviewing the ethical propriety of such a vote has subjected the applicable legislative prohibition against conflicts of interest to strict scrutiny or invalidated it on overbreadth grounds. Because I believe charting this course is both unprecedented and unwise, I respectfully dissent.

Separation of powers

Our decision in Commission on Ethics v. Hardy, 125 Nev. 285, 212 P.3d 1098 (2009), on which the…

2Cases cited37 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Garcetti v. CeballosSupreme Court of the United States · 2006

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