Center for American Liberty Defends Press Freedom in High-Profile Nevada Case

Center for American Liberty Defends Press Freedom in High-Profile Nevada Case

The Center for American Liberty is proud to stand on the front lines of a critical First Amendment fight arising from a high-profile criminal case in Las Vegas. While the underlying case involves serious allegations against Nathan Chasing Horse, the constitutional crisis stems from an extraordinary and unlawful move by a district court judge to control how the press may cover a public criminal trial.

In a sweeping “Decorum Order,” the court declared that press access to the courtroom is a privilege rather than a First Amendment right. The order required journalists to obtain “approved media requests” before covering proceedings and went even further—issuing an ultimatum to a reporter that he could not remain in the courtroom unless he agreed to omit certain information from his reporting. This is not courtroom decorum; it is censorship. The First Amendment does not allow judges to license the press, preapprove coverage, or exercise editorial control over lawful reporting on open court proceedings.

Recognizing the grave danger of this precedent, the Las Vegas Review-Journal sought emergency intervention from the Nevada Supreme Court. In response, a powerful coalition of First Amendment defenders came together. The Nevada Press Association, the ACLU of Nevada, the First Amendment Lawyers’ Association (of which attorney Marc Randazza is a past president), and the Center for American Liberty jointly sponsored and filed an amicus brief to make clear that this case is far larger than any single reporter or outlet. If allowed to stand, the order would give judges unchecked power to license, censor, and control the press—devastating press freedom across Nevada.

As the brief explains plainly, press approval was granted on December 15, 1791, when the First Amendment was ratified—and no judge has the authority to revoke it. Court proceedings are open to the public. The press has a constitutional right to attend and report on criminal trials. Prior restraints are presumptively unconstitutional, and no branch of government may act as editor or censor. The Center for American Liberty will continue to defend these foundational freedoms wherever they are threatened.

This case remains pending.

Center for American Liberty Defends Press Freedom in High-Profile Nevada Case