Pest Committee v. Miller
United States Court of Appeals for the Ninth Circuit
626 F.3d 1097 (2010)

- Written by Joe Cox, JD
Facts
A voting advocacy group, PEST Committee (PEST) (plaintiff) filed suit against Nevada Secretary of State Ross Miller (defendant) due to issues in the state’s ballot-initiative laws. Nevada required any proposed initiative to (1) embrace a single subject matter and (2) in 200 words or less, explain the effect of the initiative or referendum. Another provision allowed pre-election challenges to a potential initiative or referendum as to whether it satisfied the two requirements. PEST organized to pass an initiative called Prevent Employers from Seizing Tips. PEST filed suit claiming that the Nevada law was both too vague and too broad, that it was a prior restraint on free speech, and that it chilled free speech and violated the First and Fourteenth Amendments of the US Constitution. Among the arguments advanced by Miller was that the limitations were content neutral and did not implicate political speech, certainly not to the extent of requiring strict scrutiny. At the trial-court level, the parties filed cross-motions for summary judgment, with the court granting Miller’s motion and entering judgment accordingly. PEST appealed.
Rule of Law
Issue
Holding and Reasoning (Alarcón, J.)
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