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Nevada Court Decision in Climate Blogger's Doxing Lawsuit Against Daily Kos

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Nevada Court Decision in Climate Blogger's Doxing Lawsuit Against Daily Kos


From Watts v. KOS Media LLC, decided Tuesday by the Nevada Court of Appeals (Chief Judge Bonnie Bulla, joined by Judges Michael Gibbons and Deborah Westbrook):

Watts sued respondent KOS Media LLC, alleging that it was liable under NRS 41.1347 (Nevada’s anti-doxing statute) for posting and/or facilitating the posting of an article that allegedly contained Watts’ personal identifying information on its website “The Daily KOS.” The post, entitled: “Heartland Fundraising for Tony Watts’ $2,000 Thermometers to Compete with Global Temp Network,” was made by a user named “ClimateDenierRoundup” and contained links to the Zillow listing for Watts’ Nevada residence, as well as its location on Google Maps.

Watts alleged that, due to his status as a well-known climate pundit, the release of his address on the internet increased his risk of death or bodily injury by climate activists, allowing him to recover damages and reasonable attorney fees and costs. Watts later filed a first amended complaint, which included alternative allegations that KOS either posted the article itself through an employee, or “aided and abetted” a third party in creating the article and knew that it contained personal and potentially harmful information prior to posting….

The trial court dismissed this claim, “under NRS 41.1347(6), which provides that ‘[t]his section must not be construed to impose liability on any interactive computer service for any content provided by another person,’” but the appellate court concluded this was premature:

While Watts did include allegations in his complaint that indicated KOS aided and abetted a third party in posting the article; he also included an alternative theory, namely that “an individual associated with or employed by KOS Media LLC, and not a third party posted the content” alongside several other references noting that KOS “created” or “supplied” the content that disseminated his personal identifying information. Further, Watts’ complaint also includes allegations that the disclaimer on the KOS website {“[t]his content is not subject to review by Daily KOS staff prior to publication”} is incorrect, and that “KOS staff has reviewed the subject posting prior to publication and/or after, calling the disclaimer into question.”

Because this alternative theory of liability posits that KOS itself, not a third party, disseminated Watts’ personal identifying information, we conclude the district court erred when it determined that KOS is entitled to statutory immunity under NRS 41.1347(6) at this stage of the process. When treating this allegation as true, KOS fails to demonstrate that the content at issue here was “provided by another person” as required for immunity under the statute.

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The court therefore allowed the case to go forward (though of course ultimately KOS might well prevail, for instance if the post was indeed put up by an unrelated third party).

The Nevada doxing statute allows lawsuit by one person against some “other person” when

(a) The other person disseminates any personal identifying information or sensitive information [defined as sexual orientation, transgender status, or HIV status] of the person without the consent of the person, knowing that the person could be identified by such information:

(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or

(2) With the intent to cause harm to the person and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and

(b) The dissemination of the personal identifying information or sensitive information:

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(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or

(2) Causes the death, bodily injury or stalking of the person whose information was disseminated or a close relation of the person.

It also provides exceptions for dissemination:

(a) For the purposes of reporting conduct reasonably believed to be unlawful;

(b) Which depicts a law enforcement officer acting under the color of law or an elected officer of the State of Nevada or any of its political subdivisions acting in an official capacity;

(c) Gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or

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(d) Which is a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern[, meaning] {

  1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
  2. Communication of information or a complaint to a Legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity;
  3. Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law; or
  4. Communication made in direct connection with an issue of public interest in a place open to the public or in a public forum,
  5. which is truthful or is made without knowledge of its falsehood.}

I think there are good arguments that statutes such as this are unconstitutionally overbroad and vague, but in this appeal KOS Media only raised the service provider immunity argument.

Jeffrey Dickerson represents Watts.



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Nevada

EDITORIAL: Nevada’s House Democrats oppose permitting reform

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EDITORIAL: Nevada’s House Democrats oppose permitting reform


Politicians of both parties have promised to fix the nation’s broken permitting system. But those promises have not been kept, and the status quo prevails: longer timelines, higher costs and a regulatory maze that makes it nearly impossible to build major projects on schedule.

Last week, the House finally cut through the fog by passing the Standardizing Permitting and Expediting Economic Development Act. As Jeff Luse reported for Reason, the legislation is the clearest chance in years to overhaul a system that has spun out of control.

Notably, virtually every House Democrat — including Reps. Dina Titus, Susie Lee and Steven Horsford from Nevada — opted for the current regulatory morass.

The proposal addressed problems with the National Environmental Policy Act, which passed in the 1970s to promote transparency, but has grown into an anchor that drags down public and private investment. Mr. Luse notes that even after Congress streamlined the act in 2021, the average environmental impact statement takes 2.4 years to complete. That number speaks for itself and does not reflect the many reviews that stretch far beyond that already unreasonable timeline.

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The SPEED Act tackles these failures head on. It would codify recent Supreme Court guidance, expand the projects that do not require exhaustive review and set real expectations for federal agencies that too often slow-walk approvals. Most important, it puts long-overdue limits on litigation. Mr. Luse highlights the absurdity of the current six-year window for filing a lawsuit under the Environmental Policy Act. Between 2013 and 2022, these lawsuits delayed projects an average of 4.2 years.

While opponents insist the bill would silence communities, Mr. Luse notes that NEPA already includes multiple public hearings and comment periods. Also, the vast majority of lawsuits are not filed by members of the people who live near the projects. According to the Breakthrough Institute, 72 percent of NEPA lawsuits over the past decade came from national nonprofits. Only 16 percent were filed by local communities. The SPEED Act does not shut out the public. It reins in well-funded groups that can afford to stall projects indefinitely.

Some Democrats claim the bill panders to fossil fuel companies, while some Republicans fear it will accelerate renewable projects. As Mr. Luse explains, NEPA bottlenecks have held back wind, solar and transmission lines as often as they have slowed oil and gas. That is why the original SPEED Act won support from green energy groups and traditional energy producers.

Permitting reform is overdue, and lawmakers claim to understand that endless red tape hurts economic growth and environmental progress alike. The SPEED Act is the strongest permitting reform proposal in years. The Senate should approve it.

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McKenna Ross’ top Nevada politics stories of 2025

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McKenna Ross’ top Nevada politics stories of 2025


The Silver State was plenty purple in 2025.

Nevada has long had a reputation for its libertarian tilt. Nowadays, partisanship leads many political stories. In top state government and politics stories of the year, some political lines were blurred when politicians bucked their party’s go-to stances to make headlines, while other party stances stayed entrenched.

Here are a handful of the biggest stories out of Nevada government and politics in 2025.

Film tax credit saga returns for parts 2 and 3

A large-scale effort to bring a film studio to Southern Nevada was revived — and died twice — in 2025. Sony Pictures Entertainment and Warner Bros. Discovery, who were previously leading opposing efforts to build multi-acre studio lots with tax breaks, joined forces in February to back one bill in front of the Nevada Legislature. They were joined by developer Howard Hughes Corp. in a lobbying push throughout the four-month session, then once again during a seven-day special legislative session in mid-November.

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The renewed legislation drew plenty of praise from union and business leaders and created an unlikely coalition of fiscal conservatives and progressives on the left against it. Proponents said the proposal would help create a new industry for Nevada, creating thousands of construction and entertainment industry-related jobs. Opponents criticized the billion-dollar effect it would have on the state’s general fund as a “Hollywood handout.”

In the end, the opposition won out. It passed the Assembly 22-20 in the last week of the regular session and received the same vote count during the special session — though six members switched their votes.

The state Senate voted on the proposed Summerlin Studios project only during the special session, where it failed because 11 senators voted against it or were absent for the Nov. 19 vote. Several lawmakers called out the intense political pressure to pass the bill, despite their concerns of how the subsidies would have affected state coffers.

Democrats fight to strengthen mail-in voting

The movement to enshrine mail-in voting in Nevada also stretched through both 2025 legislative sessions, as well as a federal Supreme Court case.

Democratic lawmakers sought to establish state laws around voting by mail, including about the placement of ballot boxes between early voting and Election Day and the timeline in which clerks had to count mailed ballots received after polls closed.

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Assembly Speaker Steve Yeager, D-Las Vegas, proposed a compromise with Republican Gov. Joe Lombardo through a bill expanding ballot drop box access in the run-up to Election Day and implementing voter ID requirements, but Lombardo vetoed the bill.

Democrats found a way during the special session, however. In the final hour before the session’s end on Nov. 19, Senate Democrats introduced and considered a resolution to propose enshrining mail-in voting in the Nevada Constitution via a voter amendment. The resolution must past the next consecutive session before it can go on the 2028 general election ballot.

This all comes as the U.S. Supreme Court weighs a case that could affect Nevada’s existing law that allows ballots postmarked on Election Day to be counted as late as 5 p.m. four days after Election Day.

Cyberattack on Nevada cripples the state for weeks

Nevada state government was crippled for four weeks in the late summer and fall when a ransomware attack was discovered in state systems in August.

Many state services were moved off-line to sequester the IT threats, leading to 28 days of outages after the Aug. 24 discovery of the ransomware attack. Those included worker’s compensation claims, DMV services, online applications for social services and a background check system.

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According to the after-action report, a malicious actor entered the state’s computer system as early as May 14. The threat actor had accessed “multiple critical servers” by the end of August. State officials emphasized that core financial systems and Department of Motor Vehicle data were not breached by the hackers.

The state did not pay a ransom, according to officials. Instead, it worked with external cybersecurity vendors to deal with incident response and recovered about 90 percent of affected data. That costed about $1.5 million for those contracts and overtime pay.

Budget woes leave state in status quo limbo

Financial uncertainty clouded Nevada state government throughout the year as the impact of federal purse-shrinking, uncertainty around the effect of Trump administration tariffs and the reduced tax revenue from a tourism slump persisted throughout 2025.

Nevada lawmakers passing the state’s two-year budget cycle were put in a tight spot when economic forecasts projecting state revenue were downgraded during the legislative session and ultimately passed a state budget that avoided funding multiple new programs.

Contact McKenna Ross at mross@reviewjournal.com. Follow @mckenna_ross_ on X.

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LETTER: Blame Nevada voters for high power costs

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LETTER: Blame Nevada voters for high power costs


In regard to your Monday editorial concerning the high cost of electrical energy in Nevada:

The Review-Journal is correct that the high costs in Nevada are due to green energy mandates forcing utilities to provide energy from expensive sources. However, your concluding statement that, “Nevada consumers who are upset at high utility costs should direct their ire to state policy makers” is way off the mark.

In 2020, Nevada voters passed Question 6 amending the state constitution to require utilities to acquire 50 percent of their electricity from renewable resources by 2030. Nevada consumers who are upset at high utility costs should direct their ire at the majority of Nevada voters who passed Question 6, which drives these high prices.

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