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Constitutional Law

: First Amendment Center

Nebraska high court backs sender of angry e-mails

By By The Associated Press

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LINCOLN, Neb. ? The Nebraska Supreme Court supports the sender of profanity-laced e-mails, saying the First Amendment protects his angry words.

Darren J. Drahota was convicted of disturbing the peace and fined $250 for e-mails he sent in 2006 to former political science professor Bill Avery. Avery was running for a Nebraska Legislature seat, which he won, and Drahota was a student at the University of Nebraska-Lincoln.

The messages accused Avery of treason, among other things.

In June last year, the state Court of Appeals upheld the conviction and sentence.

In a ruling issued yesterday, the Nebraska Supreme Court disagreed with the lower courts, saying the messages had constitutional protections. The high court reversed Drahota's conviction and ordered that the case be dismissed.

Full post as published by First Amendment Center on September 24, 2010 (boomark / email).

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