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Fiery Political Emails Didn't Disturb the Peace
Courthouse News Service ^ | 9-27-2010 | JEFF D. GORMAN

Posted on 09/28/2010 8:22:13 AM PDT by stan_sipple

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. Four months later, Avery received two anonymous emails from "averylovesalqaeda" at yahoo.com. The first email suggested that Avery attend the funeral for Abu Musab Al-Zarqawi, an "al-queda leader" and "dear friend of your anti-american sentiments" (sic). The second email called Avery a "traitor" and continued, "I have a friend in Iraq that I told all about you and he referred to you as a Benedict Arnold ... I'd like to puke all over you. People like you should be forced out of our country." Police traced the emails to a computer owned by a woman with whom Drahota was living. Drahota was convicted of disturbing the peace and fined $250. The state appeals court upheld his conviction under the "fighting words" exception to free speech protection, but the Nebraska Supreme Court reversed. "Even when criticisms of public figures are outrageous, if they fall short of provoking an immediate breach of the peace, they are protected by the First Amendment," Justice William Connolly wrote. "Drahota's rants, although provocative and insulting, were not fighting words. We reverse and remand because the First Amendment protects Drahota's speech."


TOPICS: Education; Politics
KEYWORDS: billavery; freespeech; liberalfascism; nebraska

1 posted on 09/28/2010 8:22:19 AM PDT by stan_sipple
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To: stan_sipple
Move the servers to Nebraska ~ that's where I want to go.

Beautiful Nebraska, as you look around, you will find a rainbow reaching to the ground. All these wonders by the Master's hand, Beautiful Nebraskaland.

2 posted on 09/28/2010 8:26:00 AM PDT by muawiyah ("GIT OUT THE WAY" The Republicans are coming)
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To: stan_sipple

he was actually convicted!

wow.


3 posted on 09/28/2010 8:48:54 AM PDT by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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To: GeronL

the student was representing himself until first amendment expert Professor Eugene Volokh took the case pro-bono.


4 posted on 09/28/2010 9:32:55 AM PDT by stan_sipple
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To: stan_sipple

good luck representing yourself, the courts are heavily biased against those who refuse to fund the Big Lawyer industry


5 posted on 09/28/2010 9:38:19 AM PDT by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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To: GeronL

“Drahota’s rants, although TRUE, were not fighting words”


6 posted on 09/28/2010 10:29:18 AM PDT by stan_sipple
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To: muawiyah

Some in the ruling class, Nebraska division, actually proposed changing the state song, not diverse enough


7 posted on 09/28/2010 10:31:09 AM PDT by stan_sipple
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To: stan_sipple

Making an observation... “You are supporting bin Laden!”

is not a criminal act.


8 posted on 09/28/2010 10:32:21 AM PDT by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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