Mirage Casino

FN42. Robins, 153 Cal.Rptr. 854, 592 P.2d at 344.

FN43. 447 U.S. 74, 81, 100 S.Ct. 2035, 64 L.Ed.2d 741 (1980).

FN44. Id. at 81, 100 S.Ct. 2035.

FN45. See Mesquite v. Aladdin's Castle, Inc., 455 U.S. 283, 293, 102 S.Ct. 1070, 71 L.Ed.2d 152 (1982).

The provision of the Nevada Constitution upon which S.O.C./Hillsboro rely is Article 1, Section 9, which provides in relevant part: Every citizen may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. The language of this section has remained unchanged since the adoption of our first state constitution in 1864. Having reviewed the proceedings and debates of the Nevada Constitutional Convention, we conclude that there is nothing indicating that the delegates desired to enlarge the scope of the protections of the speech clause beyond those afforded by the federal counterpart. [FN46]

FN46. See generally Andrew Marsh, Nevada Constitutional Debates and Proceedings, Official Reporter, at 44-48 (1866).

This court has never construed the state constitutional free speech provision in the context of accommodation of speech on private property. Our decisions addressing accommodation of speech on public and private property have relied equally on the First Amendment and the Nevada Constitution without distinguishing between them. [FN47] At least one court has observed that Nevada law differs substantially from California with regard to this issue. [FN48]