Scott v. First Jud. Dist. Ct.

Summary

The Nevada Supreme Court considered a facial challenge to Carson City Municipal Code 8.04.050(1), which prohibited hindering, obstructing, resisting, delaying, molesting, or threatening such conduct toward city officers or sheriff's personnel. The court held that the ordinance was unconstitutionally overbroad because it criminalized protected speech and unconstitutionally vague because it lacked sufficient enforcement standards. The court granted the writ of certiorari, directed the district court to vacate its order, and remanded for reversal of Scott's conviction in part; a separate opinion concurred in part and dissented in part.

Holdings

1. Carson City Municipal Code 8.04.050(1) is facially unconstitutionally overbroad because it reaches protected speech, including verbal criticism and challenges directed at police officers, without limiting its application to fighting words or other constitutionally unprotected expression.
2. Carson City Municipal Code 8.04.050(1) is facially unconstitutionally vague because it lacks sufficient standards and gives sheriff's deputies unfettered discretion to determine what speech or conduct hinders, obstructs, resists, delays, or molests an officer.

Questions Presented

1. Whether Carson City Municipal Code 8.04.050(1), which criminalizes hindering, obstructing, resisting, delaying, molesting, or threatening to do so to a city officer or sheriff's-office member, is facially overbroad under the First Amendment.
2. Whether Carson City Municipal Code 8.04.050(1) is facially vague under the Due Process Clause of the Fourteenth Amendment because it fails to provide sufficient enforcement standards and permits arbitrary and discriminatory arrests.

Disposition

writ_granted