While the First Amendment promises Americans the freedom to express themselves, there are limits on that freedom. For instance, speech that threatens or harasses another person is not protected by the First Amendment and thus may be prosecuted by the state of Nevada. NRS 201.255 speaks specifically to the misuse of the telephone. It prohibits the use of obscene, threatening or annoying speech.
NRS 201.255 becomes complicated because it isn’t always easy to determine exactly what constitutes obscene speech. Certain conditions have been set, such as the communication lacking literary or scientific value and the fact that an average person in the community might find such speech objectionable, but these standards are open to wide interpretation.
This means that a Nevada criminal defense attorney has many potentially successful defenses that can be argued in obscene phone call cases. Contact the Potter Law Offices in Las Vegas to learn more.