First Amendment

Across the nation, the federal government is attempting to dismantle long-standing protections for free speech, privacy, equality, and democracy. But freedom doesn’t just live in the courts or in Washington. It begins right here, in Nevada. Our cities, counties, and communities can be the first line of defense against federal overreach. ACLU of Nevada’s FIREwall for Freedom campaign is both a proactive and responsive strategy to protect our rights and our people from unlawful federal interference. When local leaders refuse to be complicit in unconstitutional acts, when city councils pass protections, and when neighbors look out for each other, that’s how democracy endures. Local policies, local leadership, and local courage can stop unconstitutional federal actions before they take root.

The American Civil Liberties Union of Nevada is representing itself, another Nevada law firm, and two news organizations in a lawsuit against the Las Vegas Metropolitan Police Department for imposing excessive fees on public records requestors. Each organization encountered different barriers and fine amounts to get hold of public records, especially for bodycam footage, and their experiences demonstrate that Las Vegas police are willfully violating the Nevada Public Records Act.

We are representing Fremont Street performer Toney Foote in a First Amendment challenge involving restrictions on street performers on the Fremont Street Experience pedestrian mall. Our client is a Michael Jackson impersonator who has performed on Fremont Street for almost a decade and was cited in October 2025 under a city ordinance for allegedly performing outside one of the designated six-foot performance circles used for street performers. We filed a motion seeking dismissal of the charge, arguing that the ordinance violates the First Amendment. Our motion argues that Fremont Street is a public forum where free speech protections are strongest, and that street performing is a protected expression. We also argue that the ordinance unfairly treats independent street performers differently from certain street performers affiliated with Fremont Street Experience. UPDATE: On June 3, 2026, the City of Las Vegas dismissed the charges against Toney Foote.

In 2023, a Reno police officer pulled over a driver and took her cell phone, claiming he needed to verify her insurance coverage. Instead, he unlawfully accessed and copied intimate photographs of the driver without her knowledge or consent. Nine months later, Sparks police detectives came to her home, showed her the photos, and confirmed they were taken from her phone. The driver, Bluth, sued to get access to public records about the investigation, but the lower court found that the investigative and privacy interests outweigh the public and personal interests, even without reviewing the records privately. The court only provided records related to her individual case. We filed an amicus brief, alongside the Boyd School of Law’s Survivor Representation & Advocacy Clinic, supporting Bluth’s appeal. We’re asking the Nevada Supreme Court to overturn the lower court’s decision and make clear that the government can’t use victims’ rights as an excuse to avoid accountability.