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Seres v. Lerner12/21/2004
ts and traditions allow no such inference.
The inapplicability of the compelling interest test to content-based restrictions on speech is demonstrated by our repeated statement that "above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content."
While this approach is inviting, a majority of the Supreme Court has rejected it, and the parties to this appeal have not requested that we resolve this matter as one of Nevada constitutional law in line with Justice Kennedy's views. We will therefore defer consideration of this simpler approach for future litigation.
In light of the above, we affirm the district court order dismissing the action below.
SHEARING, C.J., AGOSTI, ROSE, BECKER and GIBBONS, JJ., concur.
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