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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

GOP primary for open US House seat and Democratic governors race highlight Nevada ballot

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GOP primary for open US House seat and Democratic governors race highlight Nevada ballot


LAS VEGAS (AP) — Nevadans are choosing their party nominees Tuesday for two closely watched congressional seats and the governor’s race, among others, as the state grapples with an affordable housing shortage, exploding energy demand from data centers and federal cuts to key state programs.

The state has a closed primary, meaning only registered Democrats and Republicans will vote in party contests after an effort to open them up failed in 2024.

Several primaries feature matchups between candidates backed by party leaders and political outsiders promising change. Come November, the governor’s race is considered one of the most competitive in the country, and holding on to the 3rd Congressional District is considered crucial for Democrats’ hope of retaking the U.S. House.

Here’s a look at the most prominent races:

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Democrats seek a rival for Lombardo

Gov. Joe Lombardo, a Republican, is considered one of the most vulnerable governors in the country this fall.

The Democrats vying to challenge him include state Attorney General Aaron Ford, who has the backing of the Democratic congressional delegation and former Vice President Kamala Harris, and Alexis Hill, a county commissioner in northern Nevada who campaigned as a candidate willing to shake things up.

They focused their campaigns on affordability, as the state continues to see a shortage of affordable housing, some of the highest gas prices in the country and cuts to federal healthcare and food assistance programs.

Ford largely ignored Hill, instead directing his attacks at Lombardo and arguing that both the governor and Trump are responsible for Nevadans’ economic woes. He is trying to become Nevada’s first Black governor.

2nd Congressional District

In the Republican contest to replace longtime Rep. Mark Amodei, who is retiring, President Donald Trump has endorsed David Flippo, a loyalist of the president who has never held elected office. Amodei and Lombardo have backed James Settelmeyer, a former state senator with a long political track record.

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The district covers northern Nevada and includes Reno and Carson City, the capital, along with an immense rural expanse.

Trump-endorsed candidates have seen successful in primaries elsewhere, underscoring his unrivaled power over the Republican Party as he enters the last years of his presidency. He easily won the district in the 2024 presidential election.

The GOP nominee has a good chance of winning in November, as registered Republicans outnumber Democrats by 70,000 in the 2nd District. A Republican has held the seat since the district was created in the 1980s.

Still, Democrats hope to entice the large number of nonpartisan voters in the district this fall. Their candidates include Teresa Benitez-Thompson, a former majority floor leader of the Nevada Assembly, and Greg Kidd, an investor who ran in the last cycle as a nonpartisan.

3rd Congressional District

Nevada’s other three members of Congress, all Democrats, are expected to win their primaries easily.

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In the 3rd District, Republicans are battling to determine who will face Democratic Rep. Susie Lee in what is considered the most competitive congressional district in Nevada because of its narrow Democratic registration advantage, its high number of nonpartisan voters and a history of razor-thin election margins. In 2024 both Lee and Trump won narrowly.

Candidates include Trump-backed Marty O’Donnell, a composer who worked on the “Halo” video game series and ran unsuccessfully for the seat in 2024; Jeff Gunter, a dermatologist and former ambassador to Iceland; neurosurgeon Aury Nagy; and businessperson Tera Anderson.

The candidates ran on border security, energy independence and decreasing the federal debt.

Attorney general

With Ford term-limited and running for governor, the opening has prompted competitive primaries for the state’s top law enforcement post.

The Democratic side features state Senate Majority Leader Nicole Cannizzaro and Treasurer Zach Conine. Both campaigned on promises to take on the Trump administration, following in the footsteps of Ford, who filed numerous lawsuits against the federal government.

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For the Republicans, Trump-backed attorney Adriana Guzmán Fralick faces Douglas County commissioner Danny Tarkanian. Tarkanian, son of legendary University of Nevada, Las Vegas basketball coach Jerry Tarkanian, previously ran unsuccessfully in multiple congressional races.

Both candidates campaigned on “election integrity,” casting doubt on voting security. Nevada is one of the swing states in which Trump falsely claimed the 2020 election was stolen, despite officials finding no evidence of widespread fraud.

Tarkanian promised to investigate voter fraud allegations, while Guzmán Fralick vowed to seek passage of the SAVE Nevada Act, which would be similar to changes Trump has sought at the federal level.

Her legislation would require all votes to be counted on Election Day, end universal mail ballots and eliminate automatic voter registration. It would almost certainly hit a dead end in the Democratic-controlled Legislature.

GOP secretary of state candidates question Nevada’s elections

Several Republicans are running for secretary of state, the office that oversees elections, including some who falsely claimed the 2020 election was stolen from Trump. The winner of the primary will take on Democratic Secretary of State Cisco Aguilar.

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The GOP candidates include Jim Marchant, a former state lawmaker and perennial candidate who has said the 2020 election “was probably stolen”; Sharron Angle, a former state lawmaker who was part of an effort to block the certification of Nevada’s 2020 election results; and Shirley Folkins-Roberts, an attorney who received Lombardo’s endorsement and has denied there is widespread fraud in Nevada’s elections.

All the candidates support implementing voter ID, which will be on the ballot for the second time in November after the question passed by a wide margin in 2024.

Angle promises to enforce voter ID if voters pass it and supports Trump’s executive order seeking to require documentary proof of citizenship to vote. The courts have so far halted that order, issued last year, from taking effect.

Marchant wants to eliminate electronic voting machines and end the state’s universal mail ballot system. He also wants to require paper ballots, which would be counted by hand, according to his campaign website.

Folkins-Roberts said she will work to keep voter rolls accurate and up-to-date, require voter ID and ensure that election results are delivered on time. She also wants to reverse the automatic voter registration system. In an interview with News 4 Reno, Folkins-Roberts said she believes Nevada’s elections are “good,” but wants to improve voters’ confidence by making changes.

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Red Flag Warning issued for heightened fire danger in Southern Nevada

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Red Flag Warning issued for heightened fire danger in Southern Nevada


We’ll start the week with a heightened fire danger with dangerous heat later this week.

TODAY

Expect mostly sunny skies with winds picking up again on Monday. High temperatures will reach 98 degrees in Las Vegas with south winds 10-20 mph and wind gusts up to 30 mph.

A RED FLAG WARNING is in place from 10am to 9pm Monday for gusty winds and dry weather, so if a fire started, it would spread quickly.

Winds are estimated to be 20-25 mph with gusts around 40 mph at times with relative humidity of 5%-15%.

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Air quality is ranked ‘good’ to ‘moderate’ for dust and tree pollen. The most common pollens are juniper, cedar, willow, sycamore and palm.

TONIGHT

We’ll see variable clouds this evening with skies going from mostly cloudy to mostly clear overnight.

Wind gusts will pick up again before midnight with gusts 30-40 mph possible downslope of the Spring Mountains in the west valley.

Elsewhere, gusts will be 20-30 mph. Breezes will eventually back down to 5-15 mph overnight. Valley lows will drop to around 74 degrees.

WHAT’S NEXT

We have reached 109 consecutive days without measurable rain in Las Vegas.

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No rain is in sight, but for perspective, June is the driest month of the year in Las Vegas. Fingers crossed on a hopefully more active monsoon season!

High pressure builds next with highs 5-10 degrees above normal. Temperatures will reach around 108 degrees in Las Vegas by Friday. The last time we hit a high temperature of 108 degrees was back on August 20th of last year.

Not much relief is in sight by the weekend with highs around 107 degrees and temps at or above 105-106 degrees NEXT Monday through Wednesday.



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DNA Doe Project unlocks cold case in Nevada

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DNA Doe Project unlocks cold case in Nevada


Growing DNA databases continue to unlock decades-old cold cases. How the DNA Doe Project helped to identify remains 37 years later.


Posted
6/8/2026, 2:51:05 AM

© KSNV, NBC News Channel

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