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.
http://www.courthousenews.com/2010/09/27/30603.htm
Links:
Decision: State v. Drahota, 280 Neb. 627 (2010): http://www.supremecourt.ne.gov/opinions/2010/september/sept24/s08-628.pdf
See also:
Angry Emails From Student To Professor Protected As Free Speech
TechDirt
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.
http://www.techdirt.com/articles/20100925/01210711162/angry-emails-from-student-to-professor-protected-as-free-speech.shtml
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