State of Nebraska v. Drahota

STATUS: Reversed and Dismissed on 9/24/2010

Neb.: Fiery Political Emails Didn't Disturb the Peace

Courthouse News Service
The 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.

Decision: State v. Drahota, 280 Neb. 627 (2010):

See also:
Angry Emails From Student To Professor Protected As Free Speech
Nebraska Supreme Court has overturned the lower court ruling and has said that the emails had First Amendment protections. The court has an interesting discussion of what constitutes "fighting words," and it's pretty clear these emails did not qualify for the kind of "fighting words" that get past First Amendment considerations.

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