John Doe v. Second Judicial District Court of Nevada, Washoe County, et al.

John Doe conducted an anonymous investigation of public figures based on concerns about corruption. Two elected officials, including the Mayor of Reno, the target of the investigation, sought to use litigation to unmask John Doe. The Nevada Supreme Court refused to apply the First Amendment to the investigation, declaring that the speech preparations were “non expressive” and “not subject to First Amendment protection.” The question presented is: Are speech preparatory investigations expressive and subject to First Amendment protection?