Free Republic

First Amendment protects a Nebraska man's right to send fiery emails accusing his former political science professor, then a state legislative candidate, of being an al-Qaida sympathizer, the Nebraska Supreme Court ruled, overturning the former pupil's conviction for disturbing the peace. Darren Drahota's conviction was based on a pair of anonymous emails he sent to University of Nebraska political science professor William Avery, who was running for the state Legislature. After the men exchanged 18 emails filled with fiery and sometimes profane political debate, Avery asked Drahota not to contact him again and threatened to call police if he did....

Nebraska lawmakers are set to again consider repealing a law that offers tuition breaks to some illegal immigrants, and the looming debate is already drawing support. A majority of lawmakers participating in an Associated Press pre-session survey say they support rescinding the offer made after lawmakers fought to override Gov. Dave Heineman's veto to pass the law in 2006. Of the 33 senators responding to the survey, 18 said they support repealing the measure, while six said they don't. Eight said they're unsure. One senator, Amanda McGill of Lincoln, didn't check an answer, but offered a comment asking for more...

A UCLA law professor is petitioning the Nebraska Supreme Court to review a case involving e-mails sent to Sen. Bill Avery of Lincoln when he was a candidate for office. In June, the state Court of Appeals upheld the conviction of UNL student Darren Drahota, who had been found guilty of disturbing the peace and fined $250 for e-mails he sent to Avery in January and February of 2006. At the time, Avery was also a UNL political science professor. Eugene Volokh, a UCLA Law School professor who specializes in First Amendment law through teaching, writing and textbooks, filed the...

E-mails sent by a “conservative” student to a “liberal” professor, calling him a traitor and threatening to “puke” all over him are not protected political speech, the Nebraska Court of Appeals said in a decision last week. Darren J. Drahota was found guilty of disturbing the peace and fined $250 for e-mails he sent to Bill Avery, then a University of Nebraska-Lincoln political science professor and now a state senator from Lincoln . The Nebraska Court of Appeals upheld the conviction, saying libelous and insulting or “fighting words” are not protected by the Constitution. The court described the content of...