Press group aims suit at state's libel law

In an effort to have the state's criminal libel law declared unconstitutional, the Nevada Press Association filed a lawsuit Tuesday against the attorney general.

The association, which represents Nevada newspapers, argues that the law violates the free-press guarantees of the First and 14th amendments of the U.S. Constitution.

As the law stands, according to lawyers for the trade association, publishers face the threat of being prosecuted for criminal libel if they print truthful statements but can't prove they did so with "good motive and for justifiable ends."

Under the law it is a gross misdemeanor to publish "malicious defamation ... tending to blacken the memory of the dear, or to impeach the honesty, integrity, virtue or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby expose them to public hatred, contempt or ridicule."

The association's lawyers say the criminal libel law "chills those members' right to speak and publish freely under the First and 14th amendments."

Also, according to the lawsuit, the criminal libel law is overly broad and unconstitutionally vague because it does not precisely define which acts might constitute a violation.

The complaint seeks a permanent injunction barring enforcement of the law and a declaration that the law is unconstitutional.

The lawsuit was filed by the Las Vegas law firm of Lionel Sawyer and Collins.

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